COLORADO 


STOCK  LAWS 


COMPILED  AND  COLLATED 


IX    PURSUANCE   OF   THE    PROVISIONS    OF 


AN  ACT  TO  PROVIDE  FOR  THE  COMPILATION 
AND  COLLATION,  PRINTING  AND  DIS 
TRIBUTION  OF  ALL  ACTS  AND 
PARTS  OF  ACTS  RELAT 
ING  TO  STOCK." 


APPROVED  FEB.   12,   1883. 


DENVER,  COLO.: 
TRIBUNE  PUBLISHINGCOMPANY. 


- 


/" 


# 


A 


// 


COLORADO 


STOCK  LAWS. 


COMPILED  AND  COLLATED 


IN    PURSUANCE   OF   THE   PROVISIONS   OF 


"AN  ACT  TO  PROVIDE  FOR  THE  COMPILATION 
AND  COLLATION,  PRINTING  AND  DIS 
TRIBUTION  OF  ALL  ACTS  AND 
PARTS  OF  ACTS  RELAT 
ING  TO  STOCK." 


APPROVED  FEB.  12,  1883. 


DENVER, COLO  : 
TRIBUNE  PUBLISHING  COMPANY 


OFFICERS  OF  THE  COLORADO  CATTLE  GROWERS'  ASSOCIATION, 


JACOB  SCHERRER President. 

J.  F.  BROWN Vice- President. 

L.  R.  TUCKER Secretary. 

J.  A.  COOPER .  Treasurer. 


EXECUTIVE  COMMITTEE: 


R.  G.  WEBSTER,  W.  H.  H.  CRANMER, 

JOSEPH  W.  BOWLES,  H.  H.  METCALF, 

J.  W.  SNYDER. 


Office :  Rooms  4.  and  5  Opera  House*  Block,  Denver \  Colorado. 


STATE  INSPECTION  COMMISSIONERS  I 

J.  W.  P ROWERS  ....        ........  of  Bent  County. 

J.  L.  BRUSH .  of  Weld  County. 

NELSON  HALLOCK of  Lake  County. 

L.  R.  TUCKER         of  Elbert  County. 

GEORGE  W.THOMSON,  JR.  .  of  Fort  Lewis,  La  Plata  County. 


The  following  comprises  all  the  General  and  Special  Laws 
relating  to  Domestic  Animals  in  the  State  of  Colorado: 


AN  ACT  TO  AMEND  AN  ACT  ENTITLED  "  AN  ACT 
REGULATING  THE  BRANDING,  HERDING  AND 
CARE  OF  STOCK:'  CHAPTER  TWENTY-SIX  OF 
THE  GENERAL  LAWS. 

[See  Laws  iSSi,  page  228.] 

SECTION   I.     No  person  shall  take  up  an  estray  animal, 

Duties  of  per- 

except  in  the  county  where  he  resides,  and   is  a  house- sons  taking  up 
holder,  nor  unless  the  same  be  found  in  the  vicinity  of  his 
residence. 

When  any  person  shall  take  up  an  estray,  he  or  she 
shall,  within  five  days  after  taking  up  such  estray,  make 
out  a  written  description  of  such  animal,  or  animals,  as  the 
case  may  be,  setting  forth  all  marks  or  brands  apparent 
and  other  marks  of  identity,  such  as  color,  age,  or  size,  and 
present  the  same  to  the  County  Clerk  of  the  proper  county, 
who  shall  endorse  thereon  the  date  of  presentation  of  the 
same,  and  return  one  copy  to  the  taker-up,  and  the  copy 
he  shall  place  upon  record  in  the  estray  book.  After  filing 
such  notice,  it  shall  be  lawful  for  said  taker-up  to  herd  and 
take  charge  of  said  stock  until  the  same  shall  be  claimed 
and  proved,  and  taken  in  charge  by  the  owner  thereof, 
or  his  duly  authorized  agent.  The  County  Clerk  shall  be 
entitled  to  twenty-five  cents,  from  the  party  presenting  the  Fees  of  County 
same,  for  recording  each  certificate  of  estray,  and  five  cents  Clerk- 
per  head  for  each  additional  number  more  than  one  con 
tained  in  said  certificate  ;  and  the  taker-up  of  said  estray 
shall  be  entitled  to  twenty-five  cents  for  each  original  cer-pay«f 
tificate  of  description,  with  ten  cents  per  head  for  each"P 
additional  number  more  than  one  contained  in  said  certifi 
cate,  and  mileage  to  and  from  the  Clerk's  office,  at  the  rate 
of  ten  cents  per  mile;  provided,  That  if  the  animal  so  taken 
up  is  a  horse,  mare,  mule  or  colt,  it  shall  not  be  lawful  for 
the  taker-up  to  so  take  charge  of  the  animal  or  animals  as 
hereinbefore  provided,  except  to  have  the  said  animal  or 


Publication  of 
estray  notice. 


animals  appraised  by  two  householders,  who  shall  be  sworn 
before  a  justice  of  the  peace,  or  any  person  qualified  to 
Pay  of  a  prais- administer  oaths;  said  appraisers  to  receive  one  dollar  and 
fifty  cents  each  for  services  as  such,  said  fees  to  be  paid  by 
•  the  taker- up;  said  appraisement  to  be  entered  on  the  estray 
book  at  the  same  time  and  as  part  of  the  original  descrip 
tion  as  aforesaid;  provided,  further,  that  it  shall  not  be  law 
ful  for  the  taker-up  of  an  animal  or  animals  to  so  take 
charge  of  them  as  hereinbefore  provided,  except  he  or  they 
cause  to  be  published,  within  forty  days  of  the  time  of  such 
taking-up,  a  copy  of  the  original  notice  as  entered  upon 
the  estray  book ;  such  publication  to  be  for  four  consecutive 
weeks;  all  estray  notices  to  be  published  in  the  same  paper 
for  the  current  year;  said  paper  to  be  located  at  the  Capital, 
and  to  be  designated  by  the  State  Stock  Association,  or  in 
lieu  thereof,  by  the  Secretary  of  State.  In  the  event  of  a 
change  being  made  in  the  paper  so  selected,  thirty  days 
notice  shall  be  given  by  the  paper  then  publishing  said 
notices.  All  expenses  of  said  publication  shall  be  paid  by 
the  taker-up,  and  by  him  collected,  the  same  as  other  costs 
and  charges,  as  hereinafter  provided. 
Approved  February  i[,  1881. 

NOTE. — The  provisions  of  sections   2,  3,  4  and   5,  page  177,  Session 
Laws  of  1872,  was  in  force  until  the  session  of  1881,  when  it  was  re-enacted. 

[R.  S.,  Chapter  XC VI,  page  847.] 

SEC.  2.  Before  the  owner  of  any  estray  so  taken  up 
se,s?0cn°ver  pos' and  posted,  shall  be  entitled  to  the  .possession  of  the  same, 
he  'shall  notify  the  taker-up  of  the  time  and  place  before 
the  most  convenient  magistrate,  county  judge  or  justice  of 
the  peace,  as  the  case  may  be,  when  and  where  he  will 
prove  his  right  to  said  property,  and  shall  procure  an  order 
in  writing  from  said  magistrate  to  the  taker  up  to  deliver 
the  same  over  into  the  possession  of  the  owner,  upon  pay 
ment  to  said  taker-up  of  all  the  costs  in  the  case,  including 
the  costs  of  taking  up  and  ranching  the  said  stock,  at  the 
rate  of  fifty  cents  per  head  per  month  ;  provided,  that  where 
the  taker-up  is  fully  satisfied  that  said  estray  or  estrays  are 


Expense  of 
publication 
how  paid. 


the  property  of  the  claimant,  and  that  he  is  entitled  to  the 
possession  of  the  same,  he  may,  upon  payment  to  him  of 
his  legal  costs  and  charges,  deliver  the  same  to  the  claim- 
ant,  and  take  his  receipt  therefor  for  the  stock  so  delivered  ;  Sy  of  taker- 
but  the  taker-up  shall  be  held  liable  for  the  value  of  said  u?  '" 
stock,  if  he  shall  deliver  the  same  to  any  one  not  the  owner 
or  entitled  to  the  same.    At  the  expiration  of  twelve  months  Manner  of  mak- 
from  the   date  of   filing  description   of   any  estrays,    and  of  estray  stock, 
before  the  taker-up  or  other  person  not  the  rightful  owner 
thereof,  shall  gain  any  title  to  said  estrays,  it  shall  be  the 
duty  of  the  taker-up  to  file  a  notice  with  the  County  Clerk, 
which  shall  be  placed  upon  record  in  the  estray  book,  set 
ting  forth  a  minute  description  of  the  estray  to  be  offered, 
and  the  time  and  place  when  and  where  the  same  will  be 
offered  at  public  sale  to  the  highest  bidder,  for  cash  in  hand, 
and  shall  put  up  a  copy  of  the  same  at  the  Court  House 
door  and  in  three  other  conspicuous  places  in  the  county, 
and  one  at  the  residence  of  the  taker-up;  said  notice  to  be 
posted  up  for  ten  days  before  the  day  of  sale. 

The  sale  shall  be  at  public  auction,  to  the  highest  bid  ™™™ds !°f sak. 
der  for  cash  in  hand,  and  the  proceeds  of  the  same,  after 
deducting  all  legal  costs,  fees  and  charges,  shall  be  paid 
into  the  hands  of  the  County  Treasurer,  for  the  benefit  and 
use  of  the  school  fund  of  the  school  district  in  which  the 
said  estray  stock  was  taken  up.  If  the  said  district  shall 
not  be  organized,  then  the  same  shall  be  paid  into  the  gen 
eral  school  fund  of  the  county;  provided,  that  no  one  shall 
have  the  right,  for  twelve  months  after  the  appearance  of 
said  stock,  to  advertise  any  animal  which  is  branded  with 
a  brand  recorded  in  the  county  where  the  animal  is  running. 

Any  Justice  of  the   Peace  of  the   county  who  is  duly  ^Jsofns^ct. 
satisfied  that  the  provisions  of  this  act  have  been  complied  goodwill  e  \n  pur- 
with  by  the  taker-up,  in  all  substantial  parts,  may,  by  order c 
under  his  hand  and  seal,  authorize  the  sale  to  be  conducted 
by    any  constable    or    disinterested    householder    of    the 
county,  who  shall  execute  and  deliver  to  the  purchaser  a 
bill  of  sale  of  said  stock,  setting  forth  a  description  of  the 


8 

same  and  the  price  paid,  and  that  the  same  was  estray  stock, 
which  certificate  shall  vest  a  good  and  perfect  title  in  the 
purchaser. 

fof          ^EC-  $'     ^  an7  person  shall  conceal,  or  attempt  to  con- 
°erffacirTg  cea*'  anv  estra7  or  lost  goods,  found  or  taken  up  by  such 
an^.P61"5011'  or  sna^  e^CG  °r  change,  or  attempt  to  efface  or 
gi^lnfiTrmati'on  cnange    ail7  m^rk  or  brand    thereon,  or  carry    the    same 
mais.stray   am~  beyond  the  limits  of  the  county  where  found,  or  knowingly 
permit  the  same   to   be  done,  or  shall  neglect  to  notify,  or 
give  information  of  estray  animals  to  the  County  Clerk  of 
his  county,  every  such  person  so  offending  shall  be  deemed 
guilty  of  larceny,  and  may  be  fined  in  any  sum,  at  the  dis 
cretion  of  the  Court. 


rge          SEC.  A.     No  mustang   or  other  inferior  stallion  over 

of    certain    ani- 

mais  prohibited,  the  age  of  one  year;  nor  an^  Texan,  Mexican,  or  Cherokee 

penalty  for  per- 

sameng  the  kull,  or  otner  inferior  bull  over  the  age  of  one  year  ;  nor 
any  Mexican  or  other  inferior  ram  over  the  age  of  two 
months,  shall  be  permitted  to  run  at  large  in  this  State  ; 
and  no  stallion  of  any  kind  over  the  age  of  one  year  shall 
be  permitted  to  run  at  large  in  Boulder  and  Weld  counties  ; 
nor  shall  any  stallion  over  the  age  of  one  year  be  permitted 
to  run  at  large  in  said  State,  except  with  a  band  of  mares 
not  less  than  ten  in  number.  The  owner  or  person  in 
charge  of  such  animal  or  animals  as  are  prohibited  from 
running  at  large  by  this  section,  who  shall  permit  such 
animal  or  animals  to  run  at  large,  may  be  fined  for  each 
offense  not  less  than  fifty  dollars  nor  more  than  two  hun 
dred  dollars.  And  it  shall  be  lawful  for  any  stock  grower 

Castration  of  an-  to  castrate  or  cause  to  be  castrated  any  such  animal  found 

imals  running  at  .  ...,._  in 

large,  liability  in  running  at  large  ;  provided,  that  it  any  person  shall  castrate 

case  animal  not  .  , 

prohibited.  any  stallion,  bull  or  ram,  and  it  shall,  on  proper  evidence 
before  any  competent  court,  be  proven,  to  the  satisfaction 
of  said  court,  that  such  animal  was  not  of  a  class  of  stock 
prohibited  from  running  at  large  by  this  act,  said  person 
shall  be  liable  to  damages  to  the  amount  of  treble  the  value 
of  said  animal  so  castrated,  and  costs  of  suit  ;  provided, 
also,  that  for  the  purposes  of  this  act,  any  stallion  possess- 


ing  one-quarter  of  mustang  blood,  shall  be  deemed  a  mus 
tang  stallion ;  any  bull  possessing  one-quarter  Texan, 
Mexican  or  Cherokee  blood,  shall  be  deemed  a  Texan, 
Mexican  or  Cherokee  bull,  as  the  case  may  be;  and.  any 
ram  possessing  one-quarter  Mexican  blood,  shall  be  deemed  what  cour.ti* 
a  Mexican  ram  ;  and,  provided,  further,  that  this  section 
shall  not  take  effect  and  be  in  force  within  the  counties  of 
Huerfano,  Las  Animas,  Costilla  and  Conejos. 


AMENDATORY  TO  AN  ACT  APPROVED  FEBRUARY  9,  1872, 
RELATING  TO  STOCK  INJURED  OR  KILLED  BY  RAIL 
ROAD  OR  RAILWAY  COMPANIES. 

[See  R.  S.,  page  850.] 

SECTION  I.  That  an  act  entitled  "An  act  providing 
for  the  payment  for  stock  killed  by  railroads  or  railway 
companies,"  approved  February  9,  1872,  be  and  the  same 
is  hereby  amended  so  as  to  read  as  follows  : 

SEC.  2.     That  every  railroad  or  railway  corporation  or  Liability  of  rail- 
company  operating  any  line  of  railroad  or  railway  or  any  h? 
branch  thereof,  within  the  limits  of  this   State,  which  shall  kjJP«S 
kill,  damage  or  kill  any  horse,  mare,  gelding,  filly,  jack,  jenny38 
or  mule,  or  any  cow,  heifer,  bull,  ox,  steer  or   calf,  or  any 
other  domestic  animal,  by  running. any   engine  or  engines, 
car  or  cars,  over  or  against  any  such  animal,  shall  be  liable 
to  the  owner  of  such  animal  for  the  damages  sustained  by 
such  owner  by  reason  thereof. 

AMENDATORY  TO  CHAPTER  NINETY-SIX,  GENERAL  LAWS. 

[See  Laws  1881,  page  229.] 

SEC.  2.     [Sec.  3.]  If  the  owner   of  any  animal  or  ani  Affidavit  of  own- 
mals   so   killed,  or  his  or  her  authorized  agent  shall   make  uficate  o? bra^d. 
affidavit  before  some  officer  authorized  to  administer  oaths, 
that  he  or  she  was  the  owner  or  authorized  agent  of  the 
owner  of  the  recorded  brand  found  upon  the  animal  or  ani 
mals  so  damaged  or  killed,  at  the  time  of  such  killing  or 
damaging,  and  such  person  shall,  within  six  months  after 
2 


10 

such  killing  or  damaging,  deliver  such  affidavit  to  the 
agent  or  any  officer  of  such  company  or  corporation, 
together  with  a  certificate  of  his  or  her  mark  or  brand, 
under  official  seal  of  the  County  Clerk  of  the  county  in 
which  such  person  resides,  or  shall  make  affidavit  that  the 
animal  damaged  or  killed  as  aforesaid  had  no  recorded 
mark  or  brand,  and  that  he  or  she  is  the  owner  of  such 
animal,  [describing  it]  and  the  corporation  or  company 
shall  pay  to  such  person  delivering  such  affidavit  and  cer 
tificate,  or  such  affidavit  last  aforesaid,  as  follows  : 

SCHEDULE. 

Schedule  of  pay-           Texas  yearlings $  7  oo 

Texas  two  (2)  years  old 12  oo 

Texas  three  (3)  years  old  and  over 15  oo 

American  yearlings 10  oo 

American  two  (2)  years  old 18  oo 

American  three  (3)  years  old  and   over 25  oo 

Amercan  work  cattle 25  oo 

American  sheep,  each 2  50 

Mexican  sheep  or  goats,  each i  50 

All  half-blood  Texan,  Mexican  and  American  cattle 
shall  be  counted  as  Texas  cattle,  and  all  three-quarter  [J^j 
blood  American  cattle  shall  be  considered  American  cat 
tle.  Thoroughbred  cattle,  milch  cows,  high  grade  cows 
and  grade  bulls,  shall  be  paid  for  at  their  cash  value. 
Thoroughbred  sheep  shall  be  paid  for  at  their  cash  value. 
Horses,  mules  and  asses,  shall  be  paid  for  at  their  cash 
value  ;  provided,  that  no  railroad  company  shall  at  any  time 
be  required  to  pay  more  than  the  market  value  of  any  ani 
mal  killed  or  damaged.  In  all  cases  where  such  railroad 
company  or  corporation  shall  kill  any  of  the  stock  men 
tioned  in  this  act,  and  for  which  no  price  or  sum  is  fixed, 
the  owner  or  agent  of  such  stock  shall,  after  the  filing  of 
such  affidavit  and  certificate  of  brand  or  affidavit  of  owner- 
°f  ap"  S^P  as  af°resaid,  select  some  disinterested  freeholder  of 
the  county  where  such  killing  took  place,  and  shall  notify 
such  company  or  corporation  of  said  selection,  and  such 
company  or  corporation  shall  within  three  days  thereafter, 


II 

select  some  suitable  person  to  act  with  the  person  so 
selected,  and  the  two  so  selected  shall  select  a  third,  and 
the  three  so  selected  shall  without  delay  proceed  to  appraise 
the  value  of  the  stock  so  killed,  a  majority  of  which  three 
appraisers  shall  be  sufficient  to  determine  the  same,  and 
shall  certify  under  oath  such  appraisement  to  an  agent  orde 
superintendent  of  such  company  or  corporation.  In  case 
such  railroad  or  corporation  shall  refuse  or  neglect  to 
appoint  such  appraisers,  it  shall  be  the  duty  of  the  Justice 

,,     ,        „.  Proceedure   in 

of  the  Peace  nearest  to  the  place  where  such  stock  is  so  case  of  neglect  of 

1-111  t»    •  R.  R     company 

killed,  to   select  three  disinterested  persons  as  appraisers,10  appoint  ap- 
and  administer  to   them  an  oath  to   honestly  appraise  the 
value  of  such   stock,  which  appraisers  shall   without  delay 
appraise  and   forward  to   such  justice  the  result  of  such 
appraisement,  which  justice  shall  within  ten  (10)  days  there- {^"certificate 
after  forward  to  an  agent  or  superintendent  of  such  railroad  t°0f  a6 
or  corporation,  a  certificate  of  the  result  of  such  appraise- pany' 
ment  and  the  costs  thereof;  and  such  railroad  or  corpora 
tion  shall,  within  thirty  (30)  days  after  the  receipt  of  such 
certificate,  pay  to  the  owner  of  the  stock  so  killed,  or  his  to  em 
or  her  agent,  the  amount  of  such  appraisement  together m< 
with  all  costs  sa  aforesaid  ;  and  in  all  cases  where  the  value 
of  such  stock  is  established  by  this  act,  such   company  or 
corporation  shall  pay  for  such  stock  within  thirty  (30)  days 
after  the  delivery  of  the  affidavit  and  certificate  of  owner 
ship  of  brand  or  affidavit  of  ownership  of  stock.     And  all 
persons   selected    or   appointed    under   this    section,  shall  fr*y  of  apPrai»- 
receive  the  sum  of  one  dollar,  to  be  paid  by  said  railroad 
company  or  corporation  as  hereinbefore  provided. 

Approved  February  II,  1881.  Record  ot  ani. 

-.  -r^  -11  i      11    i  ti      mals  killed  to  be 

SEC.  4.     Kvery  railroad  company  shall  keep  a  book,  kept  by  railway 

i          i   •    i       i       •     '  corporation    at 

at  some   station  in  each  county  through  which  their  road  some  station  in 

each  county. 

runs,  to  be  designated  by  the  company,  and  a  notice  of  the 
station  so  designated  shall  be  filed  with  the  County  Clerks 
of  the  counties  in  which  such  stations  are  located;  and  it 
is  hereby  made  the  duty  of  the  said  company  to  cause  to 
be  entered  in  said  book,  within  fifteen  days  after  the  killing 


12 

of  any  animal,  a  description  as  nearly  as  may  be  of  such 
animal,  its  color,  age,  marks  and  brands,  and  shall  keep 
said  book  subject  to  the  inspection  of  persons  claiming  to 
have  had  animals  killed.  Should  any  company  fail  to  keep 
said  book,  or  to  file  such  notice  in  the  manner  herein  pro 
vided,  or  to  enter  therein  such  description  of  any  animal 
killed  for  a  period  of  fifteen  days  thereafter,  such  company 
shall  be  liable  to  the  owner  of  such  animal  to  an  amount 
twice  the  full  value  thereof. 

[AMENDATORY,  SEE  LAWS  1879,   PAGE  188.] 

SECTION   i.     Any  animal  injured  or  killed  not  having 
any  mark  or  brands  upon  it,  or  having-  marks  or  brands 

Payment  for 

s.ock  killed       unknown   to  such  company,  by  the  trains  of  any  railroad 

without  marks  _  l 

to  whom  made  company,  said  company  shall,  within  thirty  days  next  after 
such  injury  or  killing,  pay  the  value  thereof  according 
to  the  schedule  of  prices  now  fixed  by  law,  unto  the  Treas 
urer  of  the  District  Association  of  Cattle  Growers  within 
the  district  where  such  animal  is  thus  injured  or  killed  ; 
provided,  the  ownership  thereof  shall  not  be  established 
before  the  expiration  of  said  thirty  days ;  and,  provided, 
further,  that  if  there  shall  be  no  such  association,  then 
said  money  shall  be  paid  into  the  treasury  of  the  proper 
county  to  the  credit  of  the  school  fund  of  the  county. 

Duty  of  district          SEC.  2.     It  shall  be  the  duty  of  the  Treasurer  of  such 

treasurer. 

District  Association  to  receive  such  money,  and  to  receipt 
to  such  company  therefor,  and  such  receipt  shall  be  a  bar 
to  any  action  that  may  be  brought  against  such  company 
on  account  of  such  injury  for  killing;  and  it  shall  be  the 
further  duty  of  such  Treasurer  to  retain  such  money  for 
six  months,  within  which  time  he  shall  pay  the  same  to 
the  owner  of  such  animal,  in  case  the  owner  thereof  shall 
be  discovered  ;  but  in  case  the  owner  th'ereof  shall  not  be 
discovered,  then,  and  in  that  case,  at  the  expiration  of  said 
six  months,  such  money  shall  be  deposited  by  such  Treas 
urer  to  the  credit  of  the  general  fund  of  such  District  Asso 
ciation. 


13 

SEC.  5.  [R.  S.]  If  the  owner  of  any  stock  shall 
any  stock  on  the  line  of  the  track  of  any  such  company  or 
corporation,  with  intent  to  injure  such  company  or  corpora- 
tion,  and  such  stock  shall  be  killed  or  injured,  such  owner  ^Orr^,g0ens  to 
shall  not  receive  any  damage  from  such  railroad  company 
or  corporation  therefor,  and  shall  be  liable  to  such  company 
or  corporation  for  all  damage  such  company  or  corporation 
may  suffer  in  consequence  of  such  act,  and  shall  also  be 
criminally  guilty  of  a  felony  and  liable  to  indictment  there 
for,  and  on  conviction  shall  be  imprisoned  in  the  peniten 
tiary  not  less  than  one  nor  more  than  five  years;  but 
nothing  herein  shall  be  construed  to  prevent  any  person 
from  allowing  his  or  her  stock  to  pasture  on  the  lands  ad 
jacent  to  the  line  of  such  railroads,  or  to  drive  his  stock 
over  or  across  any  such  track  at  suitable  times  and  places. 

SEC.  6.     In  every  case  of  the  wounding  or  killing  of£S5°Sfk!5^Lki 
any   such   cattle   or   sheep,  the  price   of  the  damages  for  wounded, 
which  is  fixed  by  this  act,  the  body  of  such  animal  shall 
belong  to  such  company,  unless  the  owner  thereof  shall 
elect  to   take   the   same  in  lieu  of  said  damages,  or  part 
thereof,  within  twenty-four  hours  after  said  wounding  or 
killing;    but   in  every  other  case  the  railroad  or  railway 
company  may  proceed  to  take  care  of  and  preserve  the 
body  of  said  animal,  and  it  shall  be  the  duty  of  such  com 
pany  to  preserve  the  hide  of  such  animal  for  at  least  thirty 
(30)  days  after  such  killing,  such  hide  or  hides  to  be  kept 
for  thirty  (30)  days  for  inspection  by  said  railroad  company 
or  corporation  at  the  station  house  nearest  to  the   place 
where  such  killing  occurred.     If  any  agent  or  employe  of  Penalty  for 
such  company  shall  bury  any  animal  killed  or  wounded  by  without  skm- 

ning    and  keep- 

such  company  without  skinning;  the  same,  or  shall  neglect  ing  the  hide  for 

*  inspection;   dis- 

to  keep  for  thirty  (30)  days  for  inspection  any  hide  so  taken  position  of  fine, 
off  as  herein  provided,  such  agent  or  employe  of  such  com 
pany  shall  be  fined  in  any  sum  not  less  than  one  hundred 
or  more  than  three  hundred  dollars  for  each  and  every 
animal,  to  be  collected  in  the  name  of  the  people  of  the 
State  of  Colorado,  before  any  court  of  competent  juris- 


14 

diction,  one-half  of  the  amount  so  received  to  go  to  the 
County  Treasurer  of  the  county  wherein  the  recovery  is 
had,  and  the  other  half  to  the  person  at  whose  instance  the 
suit  was  brought. 
Punishment  for          SEC,  7.     Any   person    falsely  making   an    affidavit  of 

making  false  affi-  '  J       \          ,,,„,,  j        i       11 

davit  of  owner- ownership  of  any  animal  killed  or  damaged,  shall,  on  con- 
ship   of  animal     ... 

killed.  viction  thereof,  be  liable  to  a  fine  of  not  less  than  five  hun 

dred  dollars  and  imprisonment  in  the  penitentiary  for  not 
less  than  one  year. 


AN  ACT  TO  PROVIDE  FOR  THE  BRANDING,  HERDING  AND 
CARE  OF  STOCK,  AND  TO  REPEAL  CERTAIN  ACTS  IN 
RELATION  THERETO. 

[See  R.  S.,  page  854.] 

Punishment  for          SECTION  I.     Any  person    or   persons    not   being  the 

driving    animals 

from  usual  owner  or  owners,  or  having  the  right  of  possession  of  any 
proof  requisite,  animal  or  animals,  who  shall  be  found  driving  or  leading 
any  such  animal  or  animals  from  its  or  their  usual  range, 
such  person  or  persons  may  be  arrested  by  any  constable, 
officer,  or  other  person,  specially  deputed  for  such  purpose, 
by  a  judge  or  justice  of  the  peace,  and  such  person  or 
persons  may  be  taken  before  any  court  of  competent  juris 
diction  for  examination  and  trial,  and  if  found  guilty,  shall 
be  punished  as  for  larceny.  In  prosecutions  for  a  violation 
of  the  provisions  of  this  section,  it  shall  not  be  necessary, 
in  order  to  warrant  a  conviction,  for  the  people  to  prove 
that  the  offense  was  committed  knowingly,  or  wilfully,  or 
to  show  an  intent,  purpose  or  motive  on  the  part  of  the 
accused;  but  if  it  shall  be  shown  that  the  accused  had  in 
his  possession,  or  under  his  control  or  supervision,  any 
animal  so  being  wrongfully  led  or  driven  from  its  usual 
range,  as  aforesaid,  or  that  the  accused  assisted  in  so  lead 
ing  or  driving  away  any  such  animal  without  having  the 
right  of  possession  thereof,  as  aforesaid,  such  showing  shall 
be  sufficient  to  warrant  a  conviction,  unless  the  accused 


15 

shall  by  testimony  in  his  behalf  explain  the  case  made 
against  him  in  such  manner  as  to  show  good  faith  and  an 
innocent  purpose  on  his  part. 

SEC.  2.     Any  dog  found  running,  worrying  or  injuring  Liability  for 
sheep  or  cattle,  may  be  killed,  and  the  owner  or  harborerby'dog6* 
of  such  dog,  shall  be  liable  for  all  damages  done  by  it.  4 

Section  three  reads  as  follows: 

[See  Laws  1881,  page  236,  section  2.3.] 

SEC.  3.     Any  person  or  persons  owning  or  keeping  any  ^^  *ruged 
flock  or  herd  of  sheep,  any  portion  of  which  flock  or  herd  %S£?2f  flock 
may  be  diseased  with  the  scab,  or  with  any  other  contagious  dlseased  shr-ep- 
disease  to  which  sheep  are  subject,  shall  be  liable  in  the 
full  amount  of  damage  that  may  be  occasioned  to  other 
sheep  owner  or  holder  by  reason  of  such  diseased  flock  or 
herd  of  sheep,  or  any  part  thereof,  being  moved  or  allowed 
to  stray  from  its  own  range  while  in  such  diseased  con 
dition. 

SEC.  4.  Animals  such  as  are  usually  branded,  may  be 
branded  on  either  side  with  the  owner's  brand.  All  brands 
shall  be  recorded  in  the  county  where  the  owners  reside. 

XT  -i  r  1-11  *i  •  Marks  and 

No  evidence  of  ownership  by  brands  shall  be  permitted  in  brands  not  evi- 

/-,  ,  i          i      11     i  dence  unless 

any  court  in  this  State,  unless  the  brands  shall  have  been  recorded;  man 
ner  of  marking 

recorded  as  'provided  in  this  act.     Each  drove  of  cattle  or°rbrandins    , 

droves  of  cattle 

sheep  which  may  be  driven  into  or  through  any  county  ofP'^^P^™ 
this  State,  shall  be  plainly  branded  or  marked  with  one  uni-f£y£ounty°f 

»  this  Mate;    pen- 

form  brand  or  mark.  The  cattle  shall  be  so  branded  with ^ompfyw^h 
the  distinguishing  ranch  or  road  brand  of  the  owner  as  to  t^TsTcu 
show  distinctly  in  such  place  or  places  as  the  owner  may 
adopt.  Sheep  shall  be  marked  distinctly  with  such  mark 
or  devise  as  may  be  sufficient  to  distinguish  the  same  read 
ily  should  they  become  intermixed  with  other  flocks  of 
sheep  owned  in  the  State ;  any  such  owner  or  owners,  or 
person  in  charge  of  such  drove,  which  may  be  driven  into 
or  through  the  State,  who  shall  fail  to  comply  with  the 
provisions  of  this  act,  shall  be  fined  not  less  than  fifty 
(50)  nor  more  than  three  hundred  (300)  dollars,  at  the  dis 
cretion  of  the  court. 


16 

Making  and  SEC.  5'     Any  Person  desiring  to  use  any  brand,  shall 

fiefic°ar?eofbracned"malce  and  slSn  a  certificate,  setting  forth  a  fac  simile  and 

description  of  the  brand  which  he  desires  to  use,  and  shall 

file   the  same  for  record  in  the  office  of  the   county  clerk 

of  the  county  wherein  he  resides,  wh'ch  clerk  shall  record 

»  the  same  in  a  book  kept  by  him  for  that  purpose,  and  from 

and  after  the  filing  of  such  certificate,  the  person  filing  the 

same   shall   have   the  exclusive  right  to   use   such   brand 

within   such  county  for  the  purpose  aforesaid.     And  any 

Record  of  sir     Person  or  Persons  so  desiring  may,  in  the  manner  and  with 

iiar  marks  or     jjke  effect,  as  herein  provided,  record  his  brand  or  mark  in 

brands  ;   penalty 

any  county  in  this  State,  into  which  his  stock  are  liable  to 
stray.  Provided,  that  such  mark  or  brand  has  not  been 
heretofore  recorded  in  such  county  by  some  other  person, 
and  if  .the  clerk  and  recorder  of  any  county  shall  for  any 
persons  record  any  mark  or  brand,  there  being  at  the  time 
of  such  recording  a  similar  living  mark  or  brand  upon  the 
records  of  his  county,  such  clerk  and  recorder  shall  be 
liable  to  pay  a  fine  of  not  less  than  twenty  (20)  nor  more 
than  one  hundred  ( 100)  dollars ;  and  provided  further,  when 
two  or  more  similar  marks  or  brands  have  been  heretofore 
recorded  in  any  county,  the  oldest  record  shall  entitle  the 
owner  to  the  exclusive  use  thereof  in  such  county. 

Punishment  for  SEC.  6.  If  any  person  shall  brand  or  mark,  or  cause 

de- to  De  branded  or  marked,  with  his,  her,  or  their  brand,  or 
any  other  not  the  recorded  brand  of  the  owner,  any  animal 

mafTh^p^op-"1  being  the  property  of  another,  or  shall  efface,  deface  or 
*' obliterate  any  brand  or  mark  upon  any  animal,  any  such 
person  so  offending  shall  be  deemed  guilty  of  larceny,  and 
on  conviction  thereof,  shall  be  confined  in  the  penitentiary 
not  less  than  one  year,  nor  more  than  five,  as  the  Court 
may  direct,  and  shall  also  be  liable  to  the  owner  thereof 
for  three  times  the  value  of  the  animal  so  branded  or 
marked,  or  upon  which  the  brand  or  mark  shall  have  been 
so  effaced,  defaced  or  obliterated,  and  in  no  case  shall  the 
payment  of  the  forfeiture  herein  mentioned,  entitle  the  per 
son  so  branding,  effacing,  defacing  or  obliterating  a  brand 


17 

to  the  property  in  the  animal  so  branded,  or  upon  which 
the  brand  was  effaced,  defaced  or  obliterated,  but  such  ani- 
mall  shall  be  surrendered  to  the  proper  owner. 
Section  seven  reads  as  follows  : 

[See  Laws  1879,  page  189,  section  3.] 

SEC.  7.     All  neat  stock  found  running  at  large  in   this 
State  without  a  mother,  and   upon   which  there   is  n either  ankdS  Lie.und  "P 
ear  mark  nor  brand,  shall  be  deemed  a  mavorick,  and  may 
be  taken  in   charge  by  the  captain  or  foreman  of  a,  legal 
round-up,  and  sold  at  such  time  and  places  (place)  and  in 
such  manner  as  shall  be  determined  by  the  Executive  Com 
mittee  of  the  District  Association  of  Cattle  Growers  of  the 
district   wherein  such  mavorick  shall  be    taken  up.     The 
proceeds  arising  from  such   sales  shall  be  paid   unto   the Pl 
Treasurer  of  such  District  Association,  and  if  any  stock  so 
sold  shall,  within  the  period  of  six  months  immediately  fol 
lowing  such  sale,  be  claimed,  identified  and  proven  by  the 
rightful  owner,  it  shall  be  the   duty  of  such   Treasurer  to 
forthwith  pay  the   money  received   for  such   mavorick  to 
such  owner;  but  in  the  event  that  such  mavorick  shall  not  H°^oW^er  may 
be  thus  identified  and  its  ownership  proven  during  said  six 
months,   then  it  shall  be   the  duty   of  such  Treasurer  to 
carry  the  amount   received  therefor  to   the   credit  of  the 
general  fund  of  such  association.     The  captain  or  foreman 
of  a  legal  round-up  who  shall  sell  any  stock  under  the  pro- Sale  for  cash, 
visions  of  this  section,  shall  only  sell  the  same  for  cash, 
and  shall,  within  ten  days  after  such  sale,  pay  the  proceeds 
thereof  into    such  Treasurer.     The    person    purchasing  a 
mavorick  at  sucrr^sale,  shall  receive  from  such  captain  or  BUI  of  sale, 
foreman  a  bill  of  sale  therefor,  in  his  capacity  of  captain  or 
foreman,  describing  the  animal  thus  sold  and  showing  the 
price  paid   therefor,  which  bill  of  sale   shall  convey   unto 
such  purchaser  the  title  to  such  mavorick. 
Approved  February  12,  1879. 
SEC.  8.     Any    captain    or  foreman    of  round-up  wh o  Penalty  for  vio- 

J  *  lations  of  fore- 

shall  refuse  or  neglect  to  deliver  to  the  County  Treasurer  |oi"f 
all    moneys    received  from    the  sale    of  "  mavoricks  "  or  r°un 


iS 

unbranded  stock  sold  by  him,  or  who  shall  give  a  false  or 
incorrect  bill  of  sale  of  any  stock  sold,  or  shall  refuse  to 
give  a  bill  of  sale  of  any  stock  sold  by  him,  shall  be  guilty 
of  a  misdemeanor,  and  on  conviction  thereof  shall  be  fined 
or  imprisoned,  or  both,  at  the  discretion  of  the  Court. 
SEC.  o.  Any  person  who  shall  mark  or  brand,  or  cause 

Unlawful  brand-  J    r 

ing  of  mavericks  to  be   marked  or  branded,  or  in  any  way  convert  to  his  or 

deemed  larceny;  J 

how  punished.  her  use,  or  allow  the  same  to  be  done  by  his  employe  or 
agent  in  his  behalf  any  animal  known  as  a  "  mavorick,"  or 
any  other  animal  not  lawfully  in  possession  of  such  person, 
except  as  otherwise  provided  in  this  act,  shall  be  deemed 
guilty  of  larceny,  and  on  conviction  thereof  shall  be 
imprisoned  not  less  than  one  month  or  more  than  one 
year,  as  the  Court  may  determine. 

Earmarks-  ^EC<   Ia     Any  stoc^  grower  of  this  State  .may  adopt 

effect  of  in  evi-  anc|   use  an  ear  mark,  and   such  ear  mark  shall  betaken 

dence;  same 

™cord"dVc?more  *n  evidence  in  connection  with  the  owner's  recorded  brand, 
than  one  person.  jn  ajj  sufts  at  iaw  or  m  equity  in  which  the  title  to  stock  is 
involved.  Such  ear  marks  shall  be  made  by  cutting  and 
shaping  the  ear  or  ears  of  the  animal  so  marked,  but  in  no 
case  shall  the  person  so  marking  an  animal  cut  off  more 
than  one-half  of  the  ear  so  marked  ;  neither  shall  any  one 
mark  by  cutting  an  ear  on  both  sides  to  a  point.  No 
County  Clerk  or  Recorder  shall  record  the  same  ear  mark 
to  more  than  one  person. 

SEC.   II.     In  all  suits   at  law  or  in  equity,  or  in  any 

Recorded  brand  ^        J  ' 

ownerSChipfin  all  criminal  proceedings,  when  the  title  to  any  stock  is 
proof  :tohbrmade  involved,  the  brand  on  an  animal  shall  be  prima  facie  evi 
dence  of  the  ownership  of  the  person  whose  brand  it  may 
be ;  provided,  that  such  brand  has  been  duly  recorded  as 
provided  by  law.  Proof  of  the  right  of  any  person  to  use 
such  brand,  shall  be  made  by  a  copy  of  the  record  of  the 
same,  certified  to  by  the  County  Clerk  of  that  county,  or 
any  county  in  which  the  same  is  recorded,  under  the  hand 
and  seal  of  office  of  such  Clerk. 

SEC.   12.     When  the  stock  of  any  resident  shall  inter 
mix  with  any  drove  of  animals,  it  shall  be  the  duty  of  any 


19 
drovers  or  persons  in  charge,  to  cut  out  and  separate  such  Duties  of  drov- 

...  .  .  .  c     ,  ers  in  case  stock 

stock  from  said  drove  immediately,  except  in  case  01  sheep  of  residents  m- 

r  termix  with 

and  horses,  when  they  shall  be  driven  to  the  nearest  suita-  their  herds  or 

droves ;    penalty 

ble  corral  to  be  separated.  Any  person,  either  owner  or  for  failure  or 
drover,  or  otherwise  connected  with  the  management  of 
such  drove,  who  shall  neglect  to  comply  with  the  provis 
ions  of  this  section,  shall  be  fined  in  any  sum  not  exceeding 
five  hundred  dollars  ($500.00)  for  every  offense,  and  shall 
be  liable  to  indictment  for  larceny. 

SEC.   13.     When  the  stock  of  any  person  in  Colorado SimTfng^sto 

......  rr    .  .   .  ,  ,  deemed  larceny; 

shall  be  driven  oft   its   range  without  the  owners   consent,  hew  punished. 

by  the  drover  of  any  herd  or  drove,  every  person  engaged 

as  drover  of  such  stock,  or  otherwise  engaged  in  the  care 

and  management  thereof,  shall  be  liable  to  indictment  and 

punishment  as  for  larceny,  and  shall  be  liable  for  damages 

in  the   amount  of  two  hundred  dollars  ($200.00)  for  each 

head  so  driven  off,  together  with  all   costs  accruing  in  the 

trial  of  said   cause,  and  said  herd  of  stock  or  a  sufficient 

number  to  cover  all  damages  and  costs  shall  be  held  liable 

for  the  same. 

SEC.   14.     Any  person  owning  or  having  charge  of  any  J^*^  hw"er 
drove  of  cattle,  horses  or  sheep,  who  shall   drive  the  same  '"&  charge  of 

drove  passing 

into  or  through  any  county  of  Colorado,  of  which  tbegJHg'T™*. 
owner  is  not  a  resident  or  land  owner,  and  where  the  land 
in  such  county  is  occupied  and  improved  by  settlers  and  Sl 
ranchers,  it  shall  be  the  duty  of  such  owner  or  person  inoi'ianSsof"8 
charge  of  such  cattle,  horses  or  sheep,  to  prevent  the  samese1 
from  mixing  with  the  cattle,  horses  or  sheep,  belonging 
to  the  actual  settlers,  and  also  to  prevent  said  drove  of 
cattle,  horses  or  sheep,  from  trespassing  on  such  land  as 
may  be  the  property  or  be  in  the  possession  of  the  actual 
settler  and  used  by  him  for  the  grazing  of  animals  or  the 
growing  of  hay  qr  other  crops,  or  from  doing  injury  to 
ditches.  If  any  owner  or  person  in  charge  of  any  said 
drove  of  stock  shall  wilfully  injure  any  resident  of  the 
State  by  driving  such  drove  of  stock  from  the  public  high 
way,  and  herding  the  same  on  lands  occupied  and  improved 


20 

by  settlers  in  possession  of  the  same,  it  shall  constitute  a 
misdemeanor,  and  shall  be  punished  by  a  fine  of  not  less 
than  twenty-five  or  more  than  one  hundred  dollars,  at  the 
discretion  of  the  Court,  and  render  the  owner  or  person  in 
charge  of  the  drove  so  trespassing  liable  for  the  damages 
done  tb  such  settler. 

paesnsalof  hisreor          SEC.   J5-     ^°  hog  or  swme  snall  be  permitted  to  run 

Krgee runnmg at  at  large,  and  the  owner  of  any  hog  or  swine  trespassing  on 

the  property  of  any  person  shall    be   liable   in  treble  the 

damages  occasioned  by  such  trespass,  and  a  fine  of  not  less 

than  five  nor  more  than  ten  ($10.00)  for  each  offense. 

skinning  of  car-          SEC.   17.     Any  personor  persons  who   may  skin   or 

cass  of  sheep  or 

cattle  without    remove  from  the  carcass  any  part  of  the  skin,  hide  or  pelt 

consent  of  own- 

'uiusheTas  fo?  °^  ao^  nea^  cattle  or  sheep  found  dead,  without  permission 
ceny-  from  the  owner,  shall  be  deemed  guilty  of  larceny,  and  on 

conviction  thereof  shall  be  punished  in  the  manner  provided 
by  law  for  the  punishment  of  larceny  ;  provided,  nothing 
herein  shall  be  deemed  to  prevent  the  skinning  of  animals 
killed  by  railroad  companies  by  the  employes  of  any  rail 
road  company  by  which  such  stock  may  have  been  killed. 
bmseofsaieWshan  ^EC.  l^-  No  person  or  persons,  whether  as  principal 
cei5!defoinstock or  agent>  shall  hereafter  sell  or  otherwise  dispose  of  any 
wife  disposed  of neat  stock,  nor  shall  any  person,  whether  as  principal  or 
agent,  buy,  purchase  or  otherwile  receive  any  such  stock, 
unless  the  person  or  persons  so  selling  or  disposing  of  any 
such  stock  shall  give,  and  the  person  or  persons  buying^ 
purchasing  or  otherwise  receiving  any  such  stock  shall  take 
a  bill  of  sale  in  writing,  of  the  stock  so  sold,  or  disposed 
of,  or  so  bought,  purchased  or  otherwise  received,  as  the 
case  may  be,  in  any  of  the  following  cases,  viz  : 

First — When  such  stock  or  any  part  thereof,  is  to  be 
shipped  from  the  State,  or  slaughtered  by  the  purchaser,  or 
when  the  said  stock  or  any  part  thereof  is  to  be,  by  any 
such  purchaser,  sold  to  any  other  person  or  persons  for 
shipment  or  slaughtering,  or  is  to  be  by  any  such  other 
person  or  persons  offered  for  sale  for  shipment  or  slaugh 
tering." 


21 

Second — When  any  such  stock  is  to  be  driven,  led, 
taken  or  shipped  to  any  market,  range  or  other  place  more 
than  ten  miles  distant  from  the  place  of  delivery  thereof, 
upon  any  such  sale  or  purchase,  or  when  any  such  stock  is 
to  be  led,  driven,  taken  or  shipped  to  any  market,  range  or 
other  place  more  than  ten  miles  distant  from  the  place 
where  such  stock  may  be  herded,  or  kept,  or  permitted  to 
range  at  the  time  of  the  sale  or  purchase  thereof,  or  to  any 
market,  range  or  other  place  more  than  ten  miles  distant 
from  the  place  where  such  stock  may  have  been  herded, 
kept,  or  permitted  to  range,  for  any  portion  of  the  three 
months  next  preceding  such  sale  or  purchase." 

T/tird — When  any  such  stock  so  sold  or  purchased,  is 
at  the  time  of  such  sale  or  purchase,  or  for  any  part  of  the 
sixty  days  next  prior  thereto,  has  been  running  at  large 
upon  an  unenclosed  range;  but  this  provision  shall  not 
apply  to  sales  of  stock  where  the  persons  who  sell  are  sell 
ing  stock  of  which  they  have  had  actual  and  personal  con 
trol  and  supervision,  daily,  for  the  said  period  of  sixty  days 
next  prior  to  the  sale  thereof,  and  are  rightfully  entitled 
either  as  principal  or  agent  to  sell  and  dispose  of  the  same. 

SEC.  19.     Any  person  who  shall  violate  or  fail  to  com-  Penalty  for  vio. 
ply  with  any  of  the  provisions  of  the  last  foregoing  section  !ng0snec0tfiopnrteced" 
shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  con 
viction  shall  be  fined  in  a  sum  of  not  less  than  twenty-five 
dollars  nor  more  than  five  hundred  dollars,  or  imprisoned 
in  the  county  jail  not  less  than  thirty  days,  nor  exceeding 
six  months,  or  may  be  punished  by  both  fine  and  imprison 
ment,  in  the  discretion  of  the  court. 

SEC.  20.     It  shall  be  the  duty  of  any  person  who  may 

J  J    r  J   Penalty  for  fail- 

have  purchased  or  received,  or  have  in  his  possession  any  ««•  §  SJ*1'  n 
such  stock,  either  for  himself  or  for  another,  to  exhibit,  on  reasonable  re- 
reasonable  request  to  any  person  inquiring  therefor,  the  bill 
of  sale  of  such  stock  if  in  his  power  so  to  do,  and  if  not  in 
his  power  so  to  do,  to  state  and  give  the  reason  therefor, 
and  any  person  violating  or  failing  to  comply  with  the  pro 
visions  of  this  section,  shall  be  deemed  guilty  and  liable  to 
punishment  as  provided  in  the  next  preceding  section. 


Liberal    con 
struction  of 


22 

SEC.  21.     The  provisions   of  the  last   three    sections 
shall  be  liberally  construed  in  favor  of  the  people,  and,  in 
order  to  convict  of  any  offense  made  punishable  in  any  of 
the  said  sections,  it  shall  not  be  necessary  for  the  prosecu 
tion  to  prove  knowledge,  intent,  purpose  or  motive  on  the 
Spart  of  the  accused,  but  such  knowledge,  intent,  purpose 
fo  convktion!^  and  motive  may  be  presumed  where  the  wrongful  act  of 
the  accused  has  been  shown,  and  shall  justify  a  conviction, 
unless  the  testimony  in  the  case  shall   satisfactorily  show 
the  good  faith  and  innocent  purpose  of  the  accused. 

SEC.  22.     Any  person  who   shall   steal,  embezzle  or 
knowingly  kill,  sell,  drive,  lead   or  ride  away,  or  in  any 
manner  deprive  the  owner  of  the  immediate  possession  of 
Punishment  for ai1^  neat  cat^e>  horse,  mule,  sheep,  goat,  swine  or  ass,  or 
dHvhlg1  or'iead- anv  person  who  shall  steal,  embezzle  or  knowingly  kill, 
ell,  drive,  lead  or  ride  away,  or  in  any  manner  apply  to  his 
a°s^,nger'  own  use  any  neat  cattle,  horse,  mule,  goat,  sheep,  ass  or 

from  any  one  not  ,1  r        i   •    i      •  i  t 

having  lawful  swine,  the  owner  of  which  is  unknown,  or  any  person  who 
of  such  stock,  shall  knowingly  purchase  .from  any  one  not  having  the  law 
ful  right  to  sell  and  dispose  of  the  same,  any  neat  cattle, 
horse,  mule,  sheep,  swine  or  ass,  shall  be  deemed  guilty  of 
a  felony,  and  on  conviction  thereof  in  any  court  of  com 
petent  jurisdiction,  shall  be  punished  by  imprisonment  not 
exceeding  six  years,  or  by  fine  not  exceeding  five  thousand 
(5,000)  dollars,  at  the  discretion  of  the  court. 

SEC.  23.  All  cases  which  are  by  this  act  declared  to 
be  larceny,  and  in  all  cases  of  felonious  taking,  stealing, 
riding,  driving,  leading  and  carrying  away  of  any  animal 

What  violation 

of  this  act  con-  or  animals  herein  referred  to,  the  same  shall  be  deemed, 

strued    to    be 

grand  larceny.  ancj  taken  to  be,  and  the  courts  of  this  State  shall  construe 
the  same  to  be  grand  larceny,  subjecting  the  offender  or 
offenders  to  be  condemned  to  the  penitentiary  for  a  term 
of  not  less  than  one  year  nor  more  than  ten  years,  except 
as  otherwise  provided  for  in  this  act,  notwithstanding  the 
value  of  such  animal  or  animals  may  be  less  than  twenty 
dollars. 


23 

SEC.  24.     Any  person  or  persons  who  may  sell  or  offer 
for  sale  or  trade,  any  neat  stock  upon  which  such  persons  selling  or  trad- 
have  not  their   recorded  mark  or  brand,  or  for  which  the 


rr      .  .  .  i    MI         r          i  rbi11    of    sale    or 

person   so  offering  has  written    bill  ot  sale  nor  power  01  power  of  attor- 

.  ney  deemed  lar- 

attorney  from  the   owner  of  such  stock,  authorizing  such  ceny,  unless 
sale,  every  person  so  offering  shall  be  deemed  guilty 


larcenv,  unless  such  person  upon  trial  shall  establish  and  proof  of  criminal 

intent  not  neccs- 

prove  that  he  was  at  the  time  the  actual  owner  of  the  stock  sary  to  convic- 

r  tion. 

so  sold  or  traded,  or  offered  for  sale  or  trade,  or  that  he 
acted  by  the  direction  of  one  shown  and  proved  to  be  the 
actual  ownertof  such  stock  ;  and  in  prosecutions  for  a  vio 
lation  of  this  section  it  shall  not  be  necessary,  in  order  to 
warrant  a  conviction  for  the  people,  to  prove  motive,  intent 
or  purpose  on  the  part  of  the  accused,  or  that  the  accused 
knew  that  the  stock  sold  or  traded,  or  offered  for  sale  or 
trade,  was  so  sold,  traded  or  offered  in  violation  hereof,  but 
the  fact  of  such  selling,  trading  or  offering  for  sale  or  trade 
contrary  to  the  provisions  hereof,  when  proved  shall  be 
sufficient  to  authorize  a  conviction,  unless  the  accused  shall 
by  testimony  explain  the  case  made  by  the  people  in  a 
manner  consistent  with  good  faith  and  an  innocent  purpose. 

CHAPTER  XL  —  BUTCHERS. 

SECTION   I.     Every  person,  before  he  shall  set  up  and 
carry  on  the  trade  or  business  of  a  butcher  or  slaughterer  bond'condufon6- 
of  horned  cattle   in  this  State,  shall  file  a  bond,  app  roved  ord  S  ckauiPe  pur" 
by  the  County  Commissioners,  with  the  Clerk  of  the  county  slaughtered, 

.  1          ,  .  ,  with  descrip- 

m  which  he  desires  to  carry  on  the  business,  in  a  sum  not  tion,  date  of  and 

,  r  ,  .  from  whom  pur- 

less  than  one  thousand  dollars  nor  more  than  five  thousand  chased,  and  to 
dollars,  running  to  the   people  of  the  State  of  Colorado,  horns  for  inspec- 
conditioncd  that  he  shall  keep  a  true  and  faithful  record,  in 
a  book   kept   for  the   purpose,  of  all  cattle  purchased    or 
slaughtered    by    him,  with    a    description    of  the   animal, 
including  marks,  brands,  age,  weight  and  from  whom  pur 
chased,  and  the  date   thereof,  and   to  keep  the  hide  and 
horns  of  such  animal  free  to  the  inspection  of  all   persons, 
for  the  period  of  thirty  days  after  it  is  slaughtered. 


24 

"  SEC.  2.  Every  person  who  shaft  be  found  carrying  on 
^ie  business  of  butcher  or  slaughterer  in  this  State,  with 
out  having  filed  the  bond  provided  in  the  first  section-  of 
this  act,  shall  be  deemed  guilty  of  a  misdemeanor,  and  be 
fined  in  a  sum  not  less  than  fifty  nor  more  than  one  hun 
dred  dollars  for  every  day  he  shall  carry  on  such  business, 
to  be  recovered  before  any  Justice  of  the  Peace  of  the 
proper  county,  or  by  indictment  in  the  District  Court. 

Penalty  for  fail.          SEC.  3.     Eveiy  person  who  shall  carry  on   the  busi- 
or5 and  p r?s"ve  ness  of  butcher  or  slaughterer  of  horned  cattle,  and   shall 

hide  and  horns.  _   .,  _  tr-iri  1    • 

fail  to  keep  a  true  and  laithiul  record  in  a  book  kept  for 
the  purpose,  of  all  cattle  purchased  or  slaughtered  by  him, 
together  with  a  description  of  each  animal,  including 
marks,  brands,  age,  weight,  and  from  whom  purchased, 
and  the  date  thereof,  or  fail  to  keep  the  hide -and  horns  of 
such  animal  or  animals  for  thirty  days  after  such  animal  is 
slaughtered,  shall  be  deemed  guilty  of'a  misdemeanor,  and 
for  each  offense,  fined  in  a  sum  not  less  than  ten  nor  more 
than  one  hundred  dollars,  to  be  recovered  as  provided  in 
the  second  section  of  this  act. 

SEC.  4.  The  record  provided  for  in  this  act,  shall  be 
open  to  the  inspection  of  all  persons,  and  also  the  hide  and 
horns  for  the  period  of  thirty  days,  and  any  butcher  or 
slaughterer  refusing  to  permit  such  inspection  or  examina 
tion,  shall  be  subject  to  a  fine  of  not  less  than  ten  nor  more 
than  twenty-five  dollars  for  each  offense,  to  be  recovered 
as  provided  in  section  two  of  this  act. 

SEC.  5.  All  fines  and  penalties  so  recovered  under  this 
act  shall  be  paid  into  the  county  treasury  of  the  proper 
county,  and  the  offender  and  his  sureties  shall  be  liable  on 
the  bond  provided  for  in  the  first  section  of  this  act,  for  all 
fines,  penalties  and  costs  adjudged  against  him  under  the 
provisions  of  this  act.  Said  bond  may  be  sued  on,  in  the 
name  of  the  people,  in  any  court  of  competent  jurisdiction. 

SEC.  6.  Appeals  shall  be  allowed  in  cases  arising 
under  this  act,  as  in  other  cases. 


25 

CHAPTER  XXIV.,  R.  S. 

SECTION  62.  Every  person  who  shall  mark  or  brand, 
alter  or  deface  the  mark  or  brand  of  any  horse,  mare,  colt^jjf  brand  of 
jack,  jennet,  mule,  or  any  one  or  more  head  of  neat  cattle, 
or  sheep,  goat,  hog,  shoat  or  pig,  not  his  or  her  own  prop 
erty,  but  belonging  to  some  other  person,  with  the  intent 
thereby  to  steal  the  same,  or  to  prevent  identification  thereof 
by  the  true  owner,  shall  on  conviction  thereof  be  punished 
by  confinement  in  the  penitentiary  for  a  term  not  less  than 
one  year  nor  more  than  five  years ;  provided,  that  no  person 
shall  be  condemned  to  the  penitentiary  under  this  section 
unless  the  value  of  the  property  affected  shall  amount  to 
twenty  dollars.  And  in  case  the  value  of  the  property 
affected  by  the  offenses  herein  prescribed,  or  by  larceny,  or 
by  buying  or  receiving  goods,  or  other  property  obtained 
by  larceny,  burglary  or  robbery,  shall  not  amount  to  five 
dollars,  then  the  offender  shall  be  punished  by  imprison 
ment  in  the  county  jail  for  a  term  not  exceeding  six  months, 
or  fined  not  exceeding  one  hundred  dollars. 

Section  seventy-one  of  Chapter  XIV.,  R.  S.,  is  repealed 
and  the  following  stands  in  lieu  thereof: 

[Laws  1 88 1,  page  71,  section  5.] 

SEC.  71.     If  any  person  shall,  wilfully  and  maliciously,  Penalty  for  ma- 

y    l  ;      licious  killing  or 

kill,  cripple  or  injure  any  horse,  mare,  gelding,  or  any  bull,  injury  of  stock. 

J  J  J  or  malicious  in- 

cow,  steer,  heifer,  or  calf,  or  any  mule,  or  sheep,  by  poison-  terference  with 
ing  or  other  means;  or  shall  maliciously  run  down  or  drive 
from  its  usual  range  any  animal  above  mentioned;  or  shall 
maliciously  scatter  or  drive  from  their  usual  range  any  flock 
or  herd  of  sheep,  or  any  herd  or  brand  of  neat  cattle, 
horses  or  mules,  or  any  of  the  animals  above  mentioned; 
or  shall  maliciously  destroy  or  injure  any  camp,  shanty, 
cabin  or  house  occupied  by  any  herder  or  shepherd,  or  his 
assistants;  or  maliciously  injure  any  horse  or  other  animals 
in  the  possession  of  such  herder  or  shepherd;  or  malici 
ously  interfere  with  any  such  herder,  shepherd  or  assist 
ants,  with  intent  and  for  the  purpose  of  hindering  or  pre- 


26 

venting  such  herder,  shepherd  or  his  assistants  from  herd 
ing  or  keeping  any  flock  of  sheep,  or  herd  of  cattle,  or  other 
animals  in  the  vicinity  where  such  acts,  or  any  of  them, 
may  be  committed,  or  in,  or  on  any  range  or  portion  of 
this  State  not  occupied  by  actual  settlers;  or  with  intent  to 
break  up,  hinder,  prevent,  disturb  or  molest  the  business  of 
herding  or  keeping  any  such  flock  or  kind  of  flock,  or  herd 
or  kind  of  herd,  or  raising,  or  producing,  or  propagating 
the  same  in  any  portion  of  this  State.  Every  such  person 
so  offending  shall  be  deemed  guilty  of  a  misdemeanor,  and 
on  conviction  thereof  shall  be  punished  by  a  fine  of  not 
exceeding  four  times  the  amount  of  the  injury  proven,  or 
by  imprisonment  in  the  penitentiary  not  exceeding  two 
years,  or  both,  as  the  judge  sitting  at  the  trial  may  deter 
mine;  and  the  said  judge  shall  fix  the  amount  of  fine  and 
the  duration  of  such  imprisonment  in  all  cases. 

NOTE. — The  provisions  of  section  I,  page  62,  Session  Laws  of  1876, 
was  in  force  until  the  session  of  1881,  when  it  was  re-enacted. 


AN  ACT  TO  AMEND  AN  ACT  ENTITLED  AN  ACT  FOR  THE 
PROTECTION  OF  GROWING  CROPS.  APPROVED  FEBRU 
ARY  8,  A.  D.  1870. 

[Laws  1 88 1,  page  129,  section  I.] 

Counties  where          SECTION  i.     That  the   Justices    of  the    Peace  of  the 

stock   shall  be  .  r^-nrrr  IT  A       •  •  1       • 

herded  from     counties  of  Costilla,  Huerfano   and   Las  Animas,   in  their 

May  to  October. 

respective  precincts,  are  authorized,  and  it  is  hereby  made 
their  duty,  to  notify  and  require  the  inhabitants  of  their 
respective  precincts,  by  public  notice  posted  in  not  less 
than  three  public  places  in  their  respective  precincts,  on  or 
before  the  first  day  of  May  in  each  year,  to  keep  in  the 
care  of  herders,  all  horses,  mules,  asses,  neat  cattle,  hogs, 
sheep  and  goats,  from  the  tenth  day  of  May  until  the 
twentieth  day  of  October. 
Proceedings  in  SEC.  2.  If  any  such  stock  as  prescribed  in  the  pre- 

case  of  damage.  ...... 

ceding  section  shall   be  found  injuring  the  crops  of  any 
person  or  persons  of  the  above-named  counties,  the  party 


27 

injured  may  take  in  custody  such  animals,  and  make  com 
plaint  before  the  Justice  of  the  Peace  of  the  precinct  in 
which  such  damage  shall  have  been  committed  ;  where 
upon  such  Justice  shall  proceed  forthwith  to  appoint  three 
disinterested  appraisers,  who  shall  appraise  the  damages 
caused,  and  report  their  decision  to  the  Justice ;  and  the 
party  or  parties  whose  stock  shall  have  been  found  injur 
ing  any  crops,  as  aforesaid,  shall  be  held  responsible  for 
any  and  all  damage  so  committed,  to  be  collected  in  the 
same  manner  as  in  other  cases,  together  with  all  costs  of 
proceedings  ;  and  the  animal  or  animals  so  found  injuring 
any.  crops  may  be  taken  and  held  as  a  security  for  the  pay 
ment  of  such  damages  and  costs. 

SEC.  3.     The  appraisers  appointed  under  the  provis-f«eof  apprsus" 
ions  of  the  foregoing  section  shall  be  allowed  the  sum  of 
twenty-five  cents  each,  to  be  paid  by  the  party  whose  ani 
mals  shall  have  been  found  damaging. 

SEC.  4.  That  all  acts  and  parts  of  acts  incontistent 
with  this  act,  be,  and  the  same  is  hereby  repealed. 

.    SEC.  5.     This  act  shall  take  effect  and  be  in  force  from 
and  after  its  passage. 

Approved  February  12,  1881. 

To  amend  an  act  to  provide  for  the  branding,  herding 
and  care  of  stock,  and  to  repeal  certain  acts  in.  relation 
thereto. 

[See  Laws  of  1879,  PaSe  17&>  section  19.] 

SECTION  19.  The  foreman  of  round-ups  shall  each 
receive  three  dollars  per  day  for  each  day  of  actual  service,  vens™?on'of°m' 
and  the  Auditor  shall  draw  his  warrant  therefor  upon  the 
presentation  of  a  certificate  signed  by  two  or  more  of  the 
proper  Round-up  Commissioners,  and  setting  forth  the 
number  of  days  of  service,  the  number  of  the  district  in 
which  the  labor  was  performed,  and  that  such  labor  was 
performed  at  the  spring  round-up;  and  the  Treasurer  shall 
pay  the  same  out  of  the  round-up  and  inspection  fund 
herein  provided  for;  provided,  that  the  aggregate  wages 
of  foreman  in  any  one  district  shall  in  no  case  exceed  one 
hundred  and  fifty  dollars  in  any  one  year. 


District  No.  i. 


District  No.  2. 


Dittrict  No.  3. 


Diitrict  No.  4. 


AN  ACT  TO  AMEND  AN  ACT  ENTITLED  AN  ACT  TO  PRO 
VIDE  FOR  THE  BRANDING,  HERDING  AND  CARE  OF 
STOCK,  AND  TO  REPEAL  CERTAIN  ACTS  IN  RELATION 
THERETO. 

[Laws  1 88 1,  page  232,  section  i.] 

SECTION  i.  The  districts  herein  constituted  shall  be 
called  round-up  districts,  and  their  several  limits  shall  be 
as  follows : 

SEC.  2.  District  number  one :  Commencing  at  a 
point  where  the  State  line  crosses  the  Arkansas  river, 
thence  up  said  stream  to  the  mouth  of  the  Purgatoire, 
thence  up  the  latter  stream  to  Smith's  Canon,  thence  up 
said  canon  to  its  head,  thence  down  Carrijo  creek  to  the 
State  line,  thence  east  to  the  southeast  corner  of  the  State, 
thence  north  to  the  place  of  beginning. 

SEC.  3.  District  number  two :  Commencing  at  the 
mouth  of  the  Purgatoire,  thence  up  the  Arkansas  to  the 
mouth  of  the  St.  Charles,  thence  up  the  latter  stream  to  the 
east  line  of  Custer  county,  thence  south  to  the  north  line  of 
Huerfano  county,  thence  westerly  on  sakl  line  to  the  west 
boundary  of  the  county,  thence  on  said  boundary  to  the 
north  boundary  of  Las  Animas  county,  thence  on  the  lat 
ter  boundary  to  the  Purgatoire,  thence  down  said  stream 
to  the  place  of  beginning. 

SEC.  4.  District  number  three  :  Commencing  at  the 
mouth  of  [the]  St.  Charles,  thence  up  the  Arkansas  to  Grape 
creek,  thence  along  the  eastern  slope  of  the  Wet  Moun 
tains  to  the  St.  Charles,  thence  down  said  stream  to  the 
place  of  beginning. 

SEC.  5.  District  number  four:  Commencing  at  the 
southeast  corner  of  Custer  county,  thence  along  the  south 
ern  and  western  boundary  of  said  county  to  the  boundary 
of  Fremont  county,  thence  along  the  west  boundary  of  the 
latter  county  to  the  Arkansas  river,  thence  down  the  Arkan 
sas  to  Grape  creek,  then  along  the  line  of  district  number 
three  to  the  place  of  beginning. 


29 

SEC.  6.     District  number  five  shall  be  limited  by  that  Distri«t  NO.  5. 
part  of  Las  Animas  county  lying  west  of  the  point  where 
Carrijo  creek  crosses  the  southern  boundary  of  the  State. 

SEC.  /•  District  number  six:  Commencing  where  District  NO  .6 
the  east  line  of  Pueblo  county  crosses  the  Arkansas,  thence 
up  said  river  to  Canon  City,  thence  northerly  along  the 
base  of  the  mountains  to  the  north  line  of  El  Paso  county, 
thence  east  on  said  line  to  the  northeast  corner  of  the 
county,  thence  south  to  place  of  beginning. 

SEC.  8.  District  number  seven  :  Commencing  at  the  District  No-  7. 
northeast  corner  of  El  Paso  county,  thence  south  to  the 
Arkansas,  thence  down  said  river  to  the  east  line  of  the 
State,  thence  north  to  the  dividing  ridge  between  the 
Republican  and  the  Big  Sandy,  thence  westerly  along  said 
ridge  to  Cedar  Point,  thence  to  River  Bend,  thence  up 
Sandy  to  place  of  beginning. 

SEC.  9.  District  number  eight:  Commencing  at  District  NO.  ». 
River  Bend,  thence  westerly  on  the  line  of  the  Kansas 
Division  of  the  Union  Pacific  Railway  to  the  Platte,  thence 
up  said  stream  to  the  mountains,  thence  southerly -along 
the  base  of  the  mountains  to  the  north  line  of  El  Paso 
county,  thence  east  along  said  boundary  to  the  head  of 
the  Sandy,  thence  down  the  Sandy  to  the  place  of  begin 
ning. 

SEC.  10.  District  number  nine:  Commencing  on  District  NO.  9. 
the  Platte,  at  the  mouth  of  Sand  creek,  thence  down  the 
former  stream  to  the  mouth  of  the  Bijou,  thence  up  the 
Bijou  to  Deer  Trail,  thence  westerly  along  the  line  of  the 
Kansas  Division  of  the  Union  Pacific  Railway  to  Sand 
creek,  thence  down  said  creek  to  place  of  beginning. 

SEC.  ii.  District  number  ten:  Commencing  at  the  District  NO  10. 
mouth  of  Bijou,  thence  up  said  creek  to  Deer  Trail,  thence 
on  a  direct  line  to  Agate  station,  thence  to  Cedar  Point, 
thence  along  the  dividing  ridge  between  the  Republican 
and  Big  Sandy  to  the  east  line  of  the  State,  thence  north 
on  said  line  to  the  Platte,  thence  up  said  stream  to  the 
place  of  beginning. 


30 

District  NO,  ix.  SEC.  12.  District  number  eleven :  Commencing  at 
the  mouth  of  Lodge  Pole  creek  on  the  Platte,  thence  up 
the  latter  to  the  mouth  of  the  Cache-la-Poudre,  thence  up 
the  Cache-la-Poudre  to  the  north  line  of  the  State,  thence 
east  on  said  line  to  the  place  of  beginning. 

District  NO.  12.  SEC.  13.  District  number  twelve:  Commencing  at 
the  mouth  of  the  Cache-la-Poudre,  thence  up  the  Platte  to 
Brighten,  thence  along  the  line  of  the  Boulder  Valley  Rail 
way  to  Boulder  City,  thence  along  the  base  of  the  moun 
tains  to  the  Cache-la-Poudre,  thence  down  said  stream  to 
the  place  of  beginning. 

District  NO  i3.  SEC.  14.  District  number  thirteen  :  Commencing  at 
Canon  City,  thence  along  the  easterly  base  of  the  moun 
tains  to  the  first  correction  line  south,  thence  west  on  said 
line  to  the  west  line  of  Park  county,  thence  on  said  line  to 
the  line  of  Fremont  county,  thence  on  the  west  line  of 
said  county  to  a  point  where  it  intersects  with  the  Arkan 
sas  river,  thence  down  said  river  to  the  place  of  beginning. 

District  NO.  i4.  SEC.  15.  District  number  fourteen  shall  be  limited 
by  the  limits  of  Lake  county. 

District  NO  15.  SEC.  1 6.  District  number  fifteen  shall  comprise  that 
part  of  the  San  Luis  Valley  lying  north  of  the  Rio  Grande 
and  the  Denver  &  Rio  Grande  Railway. 

District  NO.  16  SEC.  17-  District  number  sixteen  shall  be  bounded 

as  follows :  Commencing  at  Del  Norte,  thence  down  the 
Rio  Grande  to  Alamosa,  thence  along  the  Denver  &  Rio 
Grande  Railway  to  the  east  line  of  Costilla  county,  thence 
south  on  said  line  to  the  State  line,  thence  west  on  said 
State  line  to  the  west  line  of  Conejos  county,  thence  north 
on  said  line  to  the  north  line  of  the  county,  thence  to  Del 

District  NO.  17.  Norte  on  a  direct  line.  District  number  seventeen  shall  be 
limited  by  the  limits  of  La  Plata  county. 

Round-up  com-          SEC.  1 8.     The  Governor  shall  appoint  three  Commis- 

pointment/qua*i~  sioners  for  each  district,  on  or  before  the  first  day  of  March 

:rs  of  each  year,  to  be  known  as  Round-up  Commissioners, 

and  who  shall  be  actual  owners  of  cattle  running  upon  the 

range  within   the  district   for   which  they  are  appointed. 


31 

Said  Commissioners,  or  a  majority  of  them,  shall  have 
power  and  may,  on  or  before  the  first  day  of  April  of  each 
year,  arrange  the  programme  for  the  annual  spring  round 
ups,  fix  the  time  of  their  commencement,  appoint  a  fore 
man,  and  remove  the  same  for  incompetency,  neglect  of 
duty,  or  other  cause  which  by  them  shall  be  deemed  suffi 
cient. 

SEC.   19.     The  Governor  shall  appoint,  on  or   before  inspection  com- 

•'  11.'  missioners ;    ap- 

the    first  day    of  May  of  each  year,   five    Commissioners,  pomtment,  quai- 

J  J  •  mcation,   oath, 

from  different  sections  of  the  State,  to  be  known  as  thequorum- 
Board  of  Inspection  Commissioners.  No  person  who  is 
not  the  actual  owner  of  cattle  upon  the  public  range  shall 
be  eligible  to  serve  on  said  board.  Said  Commissioners 
shall  each  take  and  subscribe  to  an  oath  conditioned  upon 
the  faithful  performance  of  his  duties  as  Commissioner, 
which  oath  shall  be  filed  in  the- office  of  the  Secretary  of 
State.  A  majority  of  the  board  shall  constitute  a  quorum 
to  do  business. 

SEC.  20.  It  shall  be  the  duty  of  said  board  to  employ  5 
competent  Cattle  Inspectors,  not  exceeding  eight  in  num 
ber,  at  any  one  time,  and  to  distribute  them  at  such  points, 
either  within  or  without  the  boundaries  of  the  State,  as  will 
in  their  judgment,  most  effectually  prevent  the  illegal 
slaughtering  or  shipping  of  cattle.  They  shall  also  fur 
nish  each  Inspector  with  a  list  of  all  brands  sent  to  them 
for  that  purpose  and  owned  by  residents  of  this  State.  All 
Inspectors  while  thus  employed  shall  be  subject  to  such 
reasonable  rules  and  requirements  as  the  board  may  pre 
scribe,  and  shall  be  subject  to  dismissal  by  the  board  at 
any  time.  Said  Inspectors  shall  each  receive  not  to  exceed 
the  sum  of  one  hundred  dollars  per  month  during  their 
time  of  actual  service,  and  the  Auditor  shall  draw  his  war 
rant  therefor,  upon  bills  approved  by  the  Board  of  Inspec 
tion  Commissioners,  and  the  Treasurer  shall  pay  the  same 
out  of  the  inspection  fund. 

SEC.  21.     There  shall  be  levied  and  assessed  upon  the  Levy 
assessed  value  of  all  taxable  property  in  the  State,  in  each 


32 

year,  one-fifteenth  of  one  mill  on  each  and  every  dollar 
thereof,  to  be  known  as  the  inspector's  tax,  said  tax  to  be 
assessed  and  collected  in  the  same  manner  and  at  the  same 
time  as  is  now,  or  may  be  prescribed  by  law  for  the  assess 
ment  and  collection  of  State  revenue. 

keepeass"p-  S]EC-  22-  Tt  shal1  be  the  duty  of  the  County  Treasu- 
rers  of  the  several  counties  to  preserve  the  fund  thus  pro 
vided  for  as  a  separate  fund,  and  to  transmit  the  same 
monthly  to  the  State  Treasurer,  who  shall  keep  the  same 
in  a  fund  to  be  known  as  the  inspection  fund. 

SEC.  24.  Section  two  thousand  five  hundred  and 
ninety-two  [2592]  of  the  General  Laws,  and  any  other  acts 
or  parts  of  acts  inconsistent  herewith,  are  hereby  repealed. 

Approved  February  8,  1881. 


AN  ACT  TO  SECURE  TO  RANCHMEN,  TAVERN-KEEPERS  AND 
OTHER  PERSONS. 

[Liens  on  Personal  Property.] 

Be  it  enacted  by  the   General  Assembly  of  the  State  of  Col 
orado  : 

SECTION   i.     That  any   ranchman,   farmer,  agistor  or 

Lien   given  for    t  r  .     '  i-*iii 

care  of  stock,and  herder  oi  cattle,  tavern-keeper   or  livery-stable  keeper,  to 

retention    of  111111 

stock  authorized  whom  any  horses,  muies,  asses,  cattle  or  sheep,  shall  be 
intrusted,  for  the  purpose  of  feeding,  herding,  pasturing  or 
herding,  shall  have  a  lien  upon  such  horse,  mules,  asses, 
cattle  or  sheep,  for  the  amount  that  may  be  due  for  such 
feeding,  herding,  pasturing  or  ranching,  and  shall  be 

Liengiven  to  ho-  .  .      . 

tei  and  boarding  authorized  to  retain  possession  ot  such  horses,  mules,  asses, 

house  keepers  on 

baggage,  and  its  cattle  or  sheep,  until  the  said  amount  be  paid  ;  and  every 

retention  an- 

thorized.  hotel,   tavern,  boarding-house    keeper    and    every    person 

who  rents  furnished  rooms,  shall  have  a  lien  upon  the  bag 
gage  of  his  or  her  patrons,  boarders  and  guests,  for  such 
boarding,  lodging  or  rent,  or  either,  for  the  amount  that 
may  be  due  from  such  patrons,  boarders,  guests,  tenants, 
for  boarding,  lodging  or  rent  or  either,  and  they  are  hereby 


33 

authorized  to  hold  and  retain  possession  of  such  baggage 
until  the  amount,  so  due  for  boarding,  lodging  or  rent,  or 
either  is  paid  ;  provided,  that  the  provisions  of  this  section 
shall  not  apply  to  stolen  stock. 

SEC.  2.     Every  common   carrier  of  goods  or  passen 
gers  who  shall,  at  the  request  of  the  owner  of  any  personal 

,  Lien    given     to 

goods,  carry,  convey  or  transport  the  same  from  one  place  common  carriers 

and    warehouse  - 

to  another  ;  and  any  warehousemen  or  other  person,  who  men- 
shall  safely  keep  or  store  any  personal  property,  at  the 
request  of  the  owner,  or  person  lawfully  in  possession 
thereof,  shall,  in  like  manner,  have  a  lien  upon  all  such 
personal  property,  for  his  reasonable  charges  for  the  trans 
portation,  storage  or  keeping  thereof,  and  for  all  reasonable 
and  proper  advances  made  thereon  by  him,  in  accordance 
with  the  usage  and  cus*tom  of  common  carriers  and  ware 
housemen. 

SEC.  3.     Any  mechanic    or  other   person    who  shall  Lien  given  to 
make,  alter,  repair  or  bestow  labor  upon  any  article  of  per-  i^borerT" ' 
sonal  property,  for  the  improvement  thereof,  at  the  request 
of  the  owner  of  such  personal  property  or  of  the  materials 
from  which  the  same  is  made,  shall,  in   like  manner,  have 
a  lien  upon  such  articles  of  personal  property  for  hii  rea 
sonable  charges  for  the  labor  performed  and  materials  fur 
nished   and    used    in    such    making,   alteration,  repair   or 
improvement. 

SEC.  4.  If  any  such  charges  for  which  a  lien  is  given 
by  the  three  preceding  sections,  be  not  paid  within  thirty  Po7rt"ppra?sPers. 
days  after  the  same  become  due  and  payable,  the  mechanic, 
inn  keeper,  agistor,  or  other  person  to  whom  such  lien  is 
given  as  aforesaid,  may  apply  to  any  Justice  of  the  Peace 
of  the  county  wherein  he  resides,  to  appoint  appraisers  to 
appraise  the  several  articles  of  personal  property  whereon 
such  lien  is  claimed.  Such  Justice  shall  thereupon  appoint, 
by  warrant  under  his  hand  and  seal,  three  reputable  house 
holders  of  the  county,  not  interested  in  the  matter,  to 
appraise  such  personal  property. 


34 

Oath  of  apprais-  SEC<  ij.  .  The  appraisers  so  appointed,  shall  be  sworn 
by  the  Justice,  to  well  and  faithfully  appraise  and  value  all 
such  personal  property,  and  shall  thereupon  proceed  to 
view  and  appraise  the  same,  and  shall  return  their  appraise 
ment,  wherein  shall  be  set  down  each  article  separately,  to 
the  Justice  by  whom  they  were  appointed,  within  ten  days 
after  their  appointment. 

Notice  *f  sale,  SEC    £      After  such  appraisement  is  made,  the  person 

to  whom  such  lien  is  given  by  the  foregoing  sections,  may, 
after  giving  ten  day's  prior  notice  of  the  time,  place  and 
terms  of  such  sale,  with  a  description  of  the  property  to  be 
sold,  by  publication  in  some  newspaper  published  in  the 

Relating  to  sales  county  wherein  he  resides,  [or  if  there  be  no  such  news 
paper,  then  by  posting  in  three  public  places  within  such 
county],  and  delivering  to  the  owner  of  such  personal 
property,  or  if  he  do  not  reside  in  the  county,  transmitting 
by  mail  to  him  at  his  usual  place  of  abode,  if  known,  a 
copy  of  such  notice,  proceed  to  sell  all  such  personal 
property,  or  so  much  thereof  as  may  be  necessary,  at  pub 
lic  auction,  for  cash  in  hand,  at  any  public  place  within  such 
county,  between  the  hours  of  ten  A.  M.  and  four  p.  M.  of  the 
day  appointed,  and  from  the  proceeds  thereof,  may  pay 
the  reasonable  costs  of  such  appraisement,  notice  and  sale, 
aud  his  reasonable  charges  for  which  he  has  his  lien, 
together  with  the  reasonable  cost  of  keeping  such  property 
up  to  the  time  of  sale,  the  residue  of  the  proceeds  and  of 
the  property  unsold,  he  shall  render  to  the  owner. 

SEC.  7.  No  such  sale  shall  be  made  for  less  than  two- 
thirds  of  the  appraised  value  of  the  article  sold,  nor  except 
upon  due  notice,  as  required  by  the  preceding  section ; 
every  such  sale  made  in  violation  of  the  provisions  of  this 
section  shall  be  absolutely  void. 

SEC.  8.  At  such  sale,  the  person  to  whom  such  lien 
is  given,  may  become  the  purchaser. 

Relating  to  sales  SEC.  9.  In  any  case  where  the  property  to  be  sold 
cannot  conveniently  be  sold  in  one  day,  the  sale  may  be 
continued  from  day  to  day,  by  public  outcry  at  the  place 


35 

of  sale.  Upon  the  completion  of  such  sale,  the  person  to 
whom  the  lien  is  given  hereby,  shall  cause  a  sale  bill 
thereof  to  be  filed  with  the  Justice  of  the  Peace,  before 
whom  such  appraisement  was  had,  in  which  shall  be  set 
down  the  sum  for  which  each  separate  article  of  property 
was  sold,  and  the  name  of  the  purchaser.  The  Justice 
shall  record  such  sale  bill  in  his  docket,  and  preserve  the 
original  thereof,  together  with  the  appraisement. 

SEC.  10.  Nothing  herein  shall  be  so  construed  as  to 
take  away  the  right  of  action  of  the  party  to  whom  such 
lien  is  given,  for  his  charges,  or  for  any  residue  thereof, 
after  sale  of  such  property. 

SEC.  ii.  At  such  sale,  the  person  to  whom  such  lien 
is  given,  as  herein  provided,  may  appoint  a  clerk  and  crier. 

SEC.   12.     Appraisers  appointed  under  the  provisions  Compensatioa 
of  this  act,  shall  receive  one  dollar  per  day ;  Justices  of jLffimices? 
the  Peace  shall  receive  for  each  warrant  of  appraisement, 
fifty  cents  ;  for  receiving  and  recording  each  appraisement, 
twenty  cents  for  one  hundred  words,  and  the  like  fees  for 
recording  each  sale  bill ;  clerks  and  criers  at  sales  made 
under  the  provisions  hereof,  shall  receive  each  one  dollar 
per  day. 

SEC.  13.  Nothing  in  this  act  contained,  shall  be  so  Savins  u»u*e. 
construed  as  to  affect  any  lien  which  may  exist  at  the  time 
this  act  shall  take  effect,  or  to  take  away  the  right  or 
remedy  to  enforce  the  same,  or  to  affect  any  right  or  rem 
edy  which  may  exist  under  and  by  virtue  of  any  law  which 
may  be  held  to  be  repealed  by  this  act,  but  as  to  all  such 
liens  or  rights,  the  same  shall  remain  in  full  force,  and 
may  be  enforced  in  the  same  manner  and  to  the  same 
effect,  as  if  this  act  had  not  been  passed. 

SEC.   14.     Inasmuch    as    grave   doubts   exist    as    to  Emergency 
whether  any  lien  is  now  given  upon  personal  property,  an 
emergency  exists,  therefore,  this  act  shall  take  effect  from 
and  after  its  passage. 

Approved  February  12,  1883. 


iy  Sstock 
careeoefpherder" 


Emergency 


mai?a  whben  and 
how  recovered 


36 

AN    ACT   TO  AMEND    SECTION    ONE  [i]  OF  AN  ACT  FOR 

THE    PROTECTION    OF    GROWING    CROPS.      APPROVED 

FEBRUARY  12,   1881. 

SECTION  I.  Section  one  of  said  act  is  hereby  amended 
™  *s  to  read  as  follows  i  That  the  Justices  of  the  Peace  of 
the  counties  of  Huerfano,  Costilla,  Conejos  and  Las  Ani-t 
mas,  in  their  respective  precincts,  are  authorized  and  it  is 
hereby  made  their  duty  to  notify  and  require  the  inhabi 
tants  of  their  respective  precincts,  by  public  notice  posted 
in  not  less  than  three  public  places  in  their  respective  pre 
cincts,  on  or  before  the  twentieth  day  of  April  in  each 
year,  to  keep  in  care  of  herders,  all  horses,  mules,  asses, 
neat  cattle,  hogs,  sheep  and  goats,  from  the  first  day  of 
May  until  the  last  day  of  October  in  each  year. 

SEC.  2.  It  appearing  to  the  General  Assembly  that 
on  account  of  the  near  approach  of  the  season  for  planting, 
an  emergency  exists,  requiring  the  immediate  taking  effect 
of  this  act.  It  is  therefore  enacted  that  this  act  shall  take 
effect  and  be  in  force  from  and  after  its  passage. 

Approved  February  12,  1883. 

Act  approved  February  12,  1881. 

[See  Laws  of  1881,  page  251.] 

SEC.  4'  ^n  case  °^  an>r  damage  done  to  planted  trees 
ky  domestic  animals,  the  owner  of  said  trees  may  recover 
full  damage  from  the  owner  of  said  animals,  as  provided  in 
the  last  preceding  section  of  this  act  ;  provided,  said  trees 
are  planted  inside  of  a  lawful  fence,  or  boxed  to  a  height  of 
not  less  than  five  feet. 


[See  Laws  of  1879,  page  190.] 

AN  ACT  TO  PROVIDE  FOR  THE  HERDING  OF  RAMS. 

SECTION  i.  It  shall  be  the  duty  of  any  owner,  or 
agent  of  any  owners  of  thoroughbred  ram  or  rams  of  any 
description  to  herd  them,  or  keep  them  enclosed.  Any 


37 

owner  or  agent  who  refuses  to  comply  with  the  provisions 
of  this  act,  shall  be  fined  not  less  than  twenty-five  dollars 
nor  more  than  one  hundred  dollars. 

SEC.  2.  Any  fines  arising  from  a  violation  of  section 
one  of  this  act,  shall  be  paid  into  the  school  fund  of  the 
county  in  which  such  violation  occurs. 

Approved  February  6,  1879. 


[See  Laws  of  1879,  page  iqo.] 

AN  ACT  ENTITLED   STALLIONS,  JACKS,  BULLS,  RAMS  AND 

BOARS. 

SECTION  i.  That  the  keepers  of  stallions,  jacks,  bulls, 
rams  and  boars,  in  this  State,  shall  have  liens  upon  the  get 
of  such  for  the  space  of  one  year  from  the  birth  of  same, 
for  the  payment  of  service  of  such  stallion,  jack,  bull,  ram 
or  boar. 

SEC.  2.  This  act  shall  not  apply  to  a  bona  fide  pur 
chaser  without  notice  of  such  lien. 

Approved  January  31,  1879. 


[See  Laws  of  1879,  page  191.] 

AN    ACT   TO    PROTECT  .CATTLE    FROM    DISEASE    CALLED 

TEXAS  FEVER. 

SECTION  I.  No  person  or  persons  shall  be  allowed  to 
drive  any  cattle  into  this  State  from  the  State  of  Texas  or  Texas  cattt 
Indian  Territory  within  six  months  next  preceding,  at  any 
time  after  the  first  day  of  May  and  before  the  first  day  of 
September  of  any  year ;  provided,  that  the  provisions  of 
this  act  shall  not  apply  to  persons  driving  or  transporting 
such  cattle  on  the  usual  routes  of  travel  through  the  State 
expeditiously  and  without  unnecessary  delay. 

SEC.  2.     Any  person  violating  the  provisions  of  the 
first  section  of  this  act  shall  be  guilty  of  a  misdemeanor, one- 
and  on  conviction,  shall  be  fined  in  any  sum  not  less  than 
one  thousand  dollars  nor  more  than  three  thousand  dollars. 

Approved  February  12,  1879. 


38 

To    AMEND    AN   ACT   ENTITLED   "AN    ACT  REGULATING 
THE  BRANDING,  HERDING  AND  CARE  OF  STOCK." 

[Laws  of  1874,  page  252.] 

SECTION  i.  That  any  person  or  persons  owning 
twenty-five  [25]  or  more  cows,  shall  not  be  allowed  to  let 
them  run  at  large  without  providing  and  letting  run  at 
large  with  them,  not  less  than  one  [i]  bull,  of  good  Amer 
ican  graded  stock,  for  each  and  every  twenty-five  [25] 
cows  so  owned  and  let  run  at  large ;  and  every  person  or 
.persons  who  shall  violate  the  provisions  of  this  section, 
upon  conviction  in  any  court  of  this  Territory,  shall  be 
fined  in  a  sum  not  less  than  twenty-five  [$25.00]  nor  more 
than  two  hundred  dollars  for  each  offense  ;  provided,  that 
this  act  shall  apply  only  to  the  counties  of  Bent,  El  Paso, 
Pueblo  and  Elbert. 

Approved  February  13,  1874. 


R.  S.  CHAPTER  XCIII. — SHEEP. 

• 
AN  ACT  TO  PROVIDE  FOR  THE  APPOINTMENT  OF   SHEEP 

INSPECTORS. 

[Session  Laws,  1872.] 

SECTION  i.     The  County  Commissioners  shall  appoint 

a  Sheep  Inspector,  who  shall  be  a  citizen  of  the  county  for 

which    he    is    appointed,  for   each  county  containing  two 

Appointment     thousand  sheep,  who  shall  hold  his  office  for  two  years, 

offid?rm          unless  sooner  removed ;  and  any  inspector  may  act  in  an 

adjoining  county  having  no  inspector,  on  request  of  the 

Commissioner  thereof. 

SEC.  2.     It  shall  be  the  duty  of  the  Sheep  Inspector, 
isession  Laws    whenever  he  has  knowledge  or  information  that  any  sheep 
sec9iP]a8e  l84>   w^tmn  ms  jurisdiction  have  the  scab  or  any  other  malignant 
Duties  of  sheep  contagious  disease,  to  inspect  said  flock  and  report  in  writ- 
inspector.         jng  ^g  resuit  of  fog  inspection  to  the  County  Clerk  of  his 
county,  to  be  filed  by  him  for  reference  for  the   County 
Commissioners,  or   any  party   concerned ;  and  if  so   dis- 


39 

eased,  once  every  two  weeks  thereafter  to  reinspect  said 
flock  and  report  in  writing  the  result  and  treatment,  if 
any,  in  the  same  manner,  until  said  disease  is  reported 
cured  ;  provided,  that  in  case  of  the  removal  of  the  flock 
six  miles  from  the  range  of  any  other  sheep,  as  hereinafter 

79,  pa 

.  z.J 


•tit          in  i  i  •  [Session  Laws, 

provided,  he  shall   only  make  one   inspection   every  three  i879,  page  185, 


,  . 

months. 

SEC.  3.     And  upon  the  arrival  of  any  flock   of  sheep  Report  to  in- 

x    spector  of   arri- 

mto  the  State,  the  owner  or  agent  shall  immediately  report  val  of  stock  in 

'  state;  inspection 

them  to  the  Inspector  of  the  county  for  inspection,  and  thej^aseof  failure 

Inspector  shall  inspect  and  report  as   provided  in  section 

two  ;  and   in   case  of  failure,  from  any  cause,  of  owner  or 

agent,  to  report  for  inspection,  a   fine   of  one  hundred  dol 

lars  shall    be  imposed  on   said    owner  or  agent  for  each 

offense,  by  any  court  of  competent  jurisdiction,  which  fine, 

when  collected,  shall  be   paid  into  the  county  treasury  for 

the  use  of  the  Sheep  Inspector's  fund  ;  and  any  judgment 

for  such  fine  shall  be  a  lien  upon  such  flock. 

SEC.  4.  The  owner  or  his  agent  of  any  flock  reported  £utageT1f  oTd!" 
by  the  Inspector  to  be  so  diseased  shall  immediately  herdeased  flock* 
them,  so  that  they  cannot  range  upon  or  within  one  mile  of 
any  grounds  accustomed  to  be  ranged  upon  by  any  other 
sheep,  and  shall  restrain  them  from  passing  over  or  travel 
ing  upon  or  within  one  mile  of  any  public  highway  or  road, 
and  in  case  this  cannot  be  done  he  shall  immediately 
remove  said  sheep  to  a  locality  where  they  shall  not  be 
permitted  to  range  within  less  than  six  miles  of  any  other 
flock  of  sheep,  and  said  sheep  shall  continue  to  be  herded 
under  the  above  restrictions  until,  upon  inspection,  they 
shall  be  reported  free  from  such  disease. 

SEC.   S.     The  owner  or  his  agent  or  employes  of  any  Penalty  for  vio- 

J   lation  of  this  act. 

flock  of  sheep,  requiring  or  about  to  be  inspected,  shall 
afford  the  Inspector  all  reasonable  facilities  for  making  his 
inspection  ;  and  for  every  violation  of  any  of  the  provis 
ions  of  this  act  said  owner  or  his  agent  or  his  employes 
shall  be  fined  not  less  than  ten  dollars,  nor  more  than 
three  hundred  dollar,  and  every  separate  days  offense  shall 


40 

constitute  a  separate  offense,  and  the  written  report  of  an 
offense,  made  by  an  Inspector  under  oath,  shall  be  prima 
facie  evidence  of  the  commission  of  said  offense,  and  any 
Justice  of  the  Peace  of  the  county  in  which  the  offense  is 
committed  shall  have  jurisdiction  thereof,  and  the  Inspec 
tor  shall  ex-officio  report  all  violations  of  the  provisions  of 
this  act  of  which  he  has  knowledge. 

Oath  and  bond  ^EC'  ^*     Every   Inspector  before  entering  upon    the 

of  inspector.      duties  of  his   office  shall  take  the  oath  of  office  prescribed 
by  law,  and  shall  give  bond  to  the  State  of  Colorado  in 
the  sum  of  one  thousand  dollars,  with  good  sureties,  con 
ditioned  that  he  will  faithfully  perform  the  duties   of  his 
office  ;  such  bond  shall  be  approved  by  the  County  Clerk, 
who  shall   endorse  upon   every  bond  he  shall  approve  as 
follows:     "  I  am  acquainted  with  the  sureties   herein,  and 
believe  them  to  be  worth  the  amount  of  the  sum  of  the 
within  bond,  over  and  above  their  just  debts  and  liabilities." 
Record  of  and          ^EC<  7-     Such  bond,  with  the  oath   endorsed  thereon, 
suits  upon  bond.  shall  be   recorded  in  the  office  of  the  Register  of  Deeds 
for  the  county  in  which  the  Inspector  shall  reside,  and  may 
be  sued  on  by  any  person  injured  on  account  of  the  unfaith 
ful  performance  of  said  Inspector's  duties ;  provided,  that 
no  suit  shall  be  so  instituted  after  more  than  twelve  months 
have  elapsed  from  the   time  the  cause  of  action  occurred. 
SEC.  8.     Every  Inspector  shall  keep  a  fair  and  correct 
Record  of  officia.  record  of  all  his  official  acts,  and,  if  required,  give  a  cer- 
>r  tified  copy  of  any  record,  upon  payment  of  the  fees  there 
for,  and  in    case  of  the   Inspector's   death,   resignation  or 
removal,  said  record  shall  be  deposited  with  the  Register 
of  Deeds. 

SEC.  9.     The  Inspector  shall  receive  for  his  services 
[Seesec  3jLawsfour  dollars  per  day  whilst  necessarily  employed  ininspect- 
1879,  page  185.]  jng  .  and  for  the  first  inspection  an  additional   fee  of  one- 
Fees  of  inspec-    half  cent  for  every  sheep,  when  the  flock  inspected  is  five 
hundred  or  less,  and  for  inspecting  larger  flocks  two  dollars 
and  fifty   cents  for  the   first  five  hundred,  and   one-fourth 
cent  each  for  the  remainder  of  said  flock,  to  be  paid  by  the 


41 

owner  or  his  agent,  and  two  cents  per  line  of  ten  words 
for  any  official  report  or  document ;  provided,  if  any  per 
son  shall  keep  several  separate  flocks  of  sheep,  and  some 
flock  or  flocks  be  not  infected  with  scab,  the  owner  shall 
be  required  to  pay  only  the  fees  for  inspection  of  such 
ir.frcted  flock  or  flocks  ;  [and]  provided  \_furthei\,  that  when 
an  inspection  is  made,  and  the  result  shall  show  no  disease, 
the  Inspector  shall  give  the  owner  a  written  statement  to 
that  effect,  and  shall  be  paid  for  said  inspection  as  provided 
in  section  fifteen.  The  Inspector  shall  receive  ten  per 
cent,  of  all  fines  and  penalties  in  cases  in  which  he  gives 
information  of  the  offense,  and  his  interest  in  the  result  . 
shall  not  affect  his  competency  as  a  witness,  and  all  fines 

J  Deposition  ot 

and  penalties,  except  as   herein   provided,  shall  be  paid  tofi^sandpcnai- 
the  County  Treasurer  as  part  of  the  s'heep  inspection  fund 
of  the  county. 

SEC.   10.     The  notices  herein  shall  be  served  by  the  By  whom  noti 
ces  to  be  served. 

Inspector,  or  the  sheriff,  or  any  constable  of  the  county. 

SEC.   II.     That  the  counties  of  Las  Animas,  Huerfano, Wha'  counties 

excepted. 

Costilla  and  Conejos  are  hereby  excepted  from  the  provis 
ions  of  this  act. 

SEC.   12.  '  Whenever  a  Sheep  Inspector  shall  wilfully  [s« s«gs>  Laws 
and  falsely  report  any  sheep  subject  to  disease,  he  shall  be 
subjected   to   a  fine  often  times   the   amount  of  the  fees  Amount  for  false 

report  by  inspec- 

charged  by  him  for  the  inspection,  and  if  he  shall  wilfully tors- 
and  falsely  report   any  sheep  inspected  by   him  free  from 
disease,  that  are  thus   infected,  he  shall  be   subjected  to  a 
penalty    not   exceeding   three    hundred    dollars   for   each 
offense. 

SEC.   13.     If  any  Sheep  Inspector  shall  be  found  guilty  For  what  causes 
of  either  of  the  offenses  set  forth  in  section  twelve,  or  if  on  ^ 
complaint  in  writing  by  any  three   wool    growers   of  the 
county,   the   County    Commissioners,   after    allowing   the 
Inspector  a  fair  hearing,  shall  be  of  opinion  that  he    is 
incompetent  to  discharge   intelligently  and  efficiently  the 
duties  of  his  office,  or  that  having  sufficient  knowledge  or 
information  he  has   for  any  cause  wilfully   or  negligently 


42 

failed  to  make  the  required  inspection,  or  that  he  has  need 
lessly  made  inspections  for  the  purpose  of  securing  fees,  or 
that  his  reports  have  been  influenced  by  favor  or  prejudice, 
or  from  any  cause  he  has  failed  in  the  proper  discharge  of 
the  duties  of  his  office,  it  shall  be  the  duty  of  said  Com 
missioners  to  declare  said  Inspector's  office  vacant  and  to 
make  a  new  appointment. 

Owner  to  dip  on          SEC.   14.     That  every  owner  of  sheep  having  scab  or 
proviso.  other  malignant  contagious   disease  shall  dip  or  otherwise 

treat  the  same  upon  his  own  premises;  provided,  that  when 
he  has  more  than  one  ranch  or  set  of  ranches,  and  the  dis 
eased  sheep  are  not  upon  the  ranch  where  his  dipping 
works  or  other  facilities  for  treating  the  disease  are  situated, 
he  shall  have  the  right  to  drive  through  intermediate 
ranges,  but  in  so  doing  shall  consult  the  owner's  or  occu 
pants  of  said  range  as  to  where  he  shall  cross  the  same, 
and  in  no  case  shall  he  enter  another's  corral,  or  water  at 
his  troughs  or  accustomed  watering  place  with  his  dis 
eased  sheep  without  the  written  or  otherwise  expressed 
consent  of  the  owner  ;  and  for  every  violation  of  the  pro 
visions  herein  he  shall  be  subject  to  a  penalty  of  not  exceed-' 
ing  one  hundred  dollars. 

fuhn"fihsatesh°au  SEC<  J5'  That  in  each  county  there  shall  be  levied 
,' ehtcw  anc*  assessed  annually  a  tax  not  exceeding  in  any  one  year, 
one-half  of  a  mill  upon  the  dollar  of  the  assessed  valuation 
of  the  sheep  within  the  county,  which  shall  be  collected  as 
other  general  taxes,  and  which,  with  the  penalties  herein 
provided,  shall  constitute  a  |sheep  inspector's  fund  of  the 
county,  and  which  fund  shall  only  be  expended  in  the  pay 
ment  of  the  legal  fees  of  the  Sheep  Inspector,  and  said  fees 
shall  only  be  paid  by  the  County  Treasurer  after  they  shall 
have  been  approved  and  allowed  by  the  County  Commis 
sioners,  in  the  same  manner  and  form  as  claims  against  the 
county  are  approved  and  allowed  by  them ;  and  from  said 
fund  the  Sheep  Inspector  shall  be  paid  not  to  exceed  three 
dollars  per  day  for  every  day  actually  employed  in  making 
his  annual  round  between  the  tenth  of  August  and  the 


43 

tenth  of  December  of  each  year,  and  three  dollars  per  day 
for  each  day  actually  employed  in  making  the  inspection 
required  by  section  [sections]  two  and  three,  and  when  he 
reports  in  substance  no  disease ;  provided,  this  act  shall  not 
affect  or  repeal  section  eleven  of  the  act  which  this  act  is 
amendatory. 


AN  ACT  TO  PROHIBIT  THE  HERDING  OF  SHEEP  IN  THE 
NEIGHBORHOOD  OF  CITIES  AND  TOWNS,  AND  TO  REPEAL 
ALL  ACTS  IN  RELATION  THERETO. 

[R.S.,  page  844.] 

SECTION  i.  No  person  shall  keep  or  herd  sheep  to 
the  number  of  ten  [10]  or  more  at  or  within  two  [2]  miles 
of  any  city,  town  or  village  in  this  State ;  provided,  this  act 
shall  not  prevent  any  one  from  driving  sheep  to  market  or 
from  passing  through  any  city  town  or  village,  with  such 
animals,  or  from  keeping  the  same  in  any  enclosure,  or 
from  herding  for  threshing  purposes  in  any  city,  town  or 
village;  provided, further,  that  this  act  shall  not  apply  to 
any  person  who  owns  a  stock  ranch  or  farm  within  the 
above  described  limits. 

SEC.  2.  Whoever  shall  offend  against  the  prohibi 
tions  of  this  act  shall  pay  a  fine  of  twenty-five  dollars  for 
each  day  in  which  the  offense  may  be  continued,  and  such 
fine  may  be  recovered  by  action  of  debt  in  the  name  of  the 
people,  before  a  Justice  of  the  Peace  or  in  the  District 
Court  of  the  proper  county. 

All  acts  and  parts  of  acts  in  conflict  with  this  act  are 
hereby  repealed. 

Approved  March  7,  1877. 


Bancroft  Library 


INDEX 


APPRAISERS — 

compensation  of 35 

selection  of  on  value  of  stock  killed 10— 1 1 

appraisment  to  be  certified  under  oath 1 1 

fees  of  justices  for  appointment  of 35 

pay  of  appraisers  of  stock  killed  by  railroads 1 1 

to  appraise  property  whereon  lien  is  claimed 33 

oath  of 34 

duties  of  justices  to  appoint  in  certain  cases 33 

to  appraise  damages  caused  by  stock  running  at  large 27 

fees  of 27 

ASSOCIATION  COLORADO  CATTLE  GROWER'S — 

officers  of 3 

BILLS  OF  SALE — 

cases  in  which  shall  be  given 20-21 

BOARS — 

owners  of  to  have  lien  upon  the  get  for  service  of   ; 37 

BRANDS — 

recorded,  evidence  of .^. 18 

unlawful  branding  of  mavo ricks 1 8 

punishment  for  branding  or  defacing  brand  of  stock 25 

not  evidence  unless  recorded 15 

manner  of  marking 15 

penalty  for  failure  to  brand ' 15 

recorded  certificate  of 16 

punishment  for  marking  or  defacing  brands  of  another 16 

BULLS — 

owners  of  to  have  lien  upon  the  get  for  services  of 37 

BUTCHERS — 

to  give  bond,  conditions  of,  duties  of 23-24 

CASTRATION — 

of  animals  running  at  large 8 

what  counties  excepted  from  provisionsppf t        9 

COMMISSIONERS  STATE  INSPECTION — 

names  of   .                                                 3 


II 

COUNTY  CLERKS — 

to  record  description  of  estrays  taken  up 5 

fees  of  for  such  record 5 

penalty  for  recording  similar  brands  or  marks 16 

COUNTY  COMMISSIONERS — 

shall  appoint  sheep  inspector 38 

CROPS  GROWING — 

protection    of 26-7 

COUNTY  TREASURERS — 

to  keep  funds  collected  from  taxes  as  separate  fund 32 

shall  pay  expenses  of  round-up  out  of  inspection  fund 27 

CRIMES  AND  MISDEMEANORS — 

punishment  for  branding  or  defacing  brand  of  stock 25 

malicious  killing,  injuring  or  interfering  with  stock 25 

punishment  for  stealing,  killing,  etc. ,  construed  to  be  grand  larceny  22 

selling  unbranded  stock  without  authority 23 

skinning  sheep  without  owner's  consent,  punishment  of 20 

unlawful  branding  of  mavoricks 18 

penalty  for  burying  stock  without  skinning 13 

punishment  for  making  false  affidavit  of  ownership  of  animal  killed  14 

penalty  for  failure  to  brand  cattle 15 

for  recording  similar  brands  or  marks 16 

punishment  for  marking  or  defacing  brand  of  another 16 

for  driving  stock  from  range 14 

what  proof  requisite 14 

for  driving  Texas  cattle  into  or  through  the  State  at  certain  seasons  37 

for  violation  of  law  relating  to  diseased  sheep 40 

for  neglecting  to  notify  sheep  inspector  of  diseased  sheep    ....  41 

for  falsely  reporting  sheep  to  be  diseased 41 

punishment  for  concealing  estray 8 

penalty  for  driving  animals  on  railroad 13 

DAMAGES — 

done  by  dog 15 

by  moving  diseased  sheep 15 

done  to  planted  trees  by  animals  when  and  how  recovered   ...  36 

DROVERS — 

duties  of  in  case  of  mixing  stock 19 

driving  stock  from  range  deemed  larceny 19 

EAR  MARKS — 

effect  of  in  evidence 18 

not  to  be  recorded  to  more  than  one  person 18 

ESTRAYS — 

duties  of  persons  taking  up 5 

fees  of  county  clerk  for  recording  estray  notice 5 

pay  of  taker  up 5 

pay  of  appraisers 6 

publication  of  estray  notice 6 


Ill 

ESTRAYS — 

expense  of  publication,  how  paid 6 

how  owners  may  recover  possession  of 6 

delivery  of  possession  to  owner 7 

manner  of  making  sale  of 7 

disposition  of  proceeds  of  sale 7 

bill  of  sale  of,  by  whom  given 7 

punishment  for  concealment  of  eslray 8 

running  at  large  of  certain  animals  prohibited 8 

FEES — 

of  appraisers  in  certain  cases 27 

of  foreman  of  round  up,  how  paid 27 

of  justice  of  the  peace  for  appointing  appraisers 35 

of  county  clerk  for  recording  description  of  estrays 5 

FINES— 

imposed  for  neglecting  to  notify  sheep  inspectors  of  flock  infected 

with  scab 41 

for  driving  Texas  cattle  into  or  through  the  State  in  certain  seasons  37 

when  to  be  paid  into  school  fund 37 

GROWING  CROPS — 

protection  of 26-27 

HERDING  OF  SHEEP — 

at  what  distance  from  town  or  city,  sheep  to  be  herded 43 

HOGS — 

penalty  for  running  at  large 20 

owners  of  boars  to  have  lien  upon  the  get  of  for  services    ....  37 

INSPECTION  COMMISSIONERS — 

appointment,  qualification,  oath  and  duties  of 31 

JUSTICES  OF  THE  PEACE — 

duties  of  in  certain  cases 27 

to  appoint  appraisers 33 

fees  of,  for  appointing  appraisers 35 

duty  of,  to  notify  stock  owners  to  keep  stock  in  care  of  herders  .    .  36 

LIENS— 

to  ranchmen,  farmer,  agistor,  tavern-keeper,   livery-stable  keeper, 

for  feeding,  etc 3^ 

of  boarding-house  keeper  on  baggage,  etc 32 

to  common  carriers,  mechanics  and  laborers 33 

appraisers  to  appraise  property  whereon  liens  are  claimed  ....  33 

notice  of  sale  and  relating  to  sales 34~35 

saving  clause  and  emergency  clause 35 

owneis  of  stallions  to  have,  when 37 

owners  of  jacks  to  have,  when 37 

owners  of  bulls  to  have,  when 37 

owners  of  rams  to  have,  when 37 

owners  of  boars  to  have,  when 37 

bona  fide  purchasers  without  notice,  not  to  be  affected  by  such  lien  37 


IV 

MAVORICKS — 

penalty  for  unlawful  branding  of 18 

what  deemed  to  be,  round-up  and  sale  of 17 

how  owner  may  recover  value  of  . 17 

bill  of  sale  of 17 

disposition  of  monies  received  from  sale  of 17 

RAILROADS  OR  RAILWAY  COMPANIES — 

liability  for  killing  animals 9 

affidavit  of  ownership  of  brand  to  be  filled  with 9 

schedule  of  prices  for  cattle  killed  and  how  payment  made  .    .    .    .     10-11 

record  of  animals  killed  by,  where  kept 1 1 

payment  for  animals  without  marks 12 

penalty  for  driving  animals  on 13 

disposition  of  body  of  animal  killed  by  railroad 13 

RAMS,— 

1  owners  of  to  have  lien  upon  the  get  for  services  of 37 

duty  of  owner  or  agent  of  thorough-bred 36 

RANGES — 

punishment  for  driving  stock  from,  what  proof  requisite 14 

ROUND-UPS. 

disposition  of  monies  received  from  sale  of  mavericks 17 

fees  of  foreman  of,  how  paid 27 

duties  of  commissioners  of 27 

appointment,  qualification  and  powers  of,  commissioners  of   ...    30-31 

ROUND-UP  DISTRICTS — 

their  limits  etc 28-30 

SCHOOL  FUND — 

fines,  when  to  be  paid  into 37 

SHEEP — 

skinning  without  owner's  consent,  punishment  of 20 

duty  of  owner  of  thorough-bred  rams 36 

fines  imposed  for  neglecting  to  notify  inspectors  of  flock  infected 

with  scab '    .  41 

what  counties  excepted 41 

damage  for  moving  diseased  sheep  shall  be  marked 15 

owners  of  rams  to  have  lien  upon  the  get  for  services  of 37 

county  commissioners  to  appoint  inspectors  of 38 

terms  of  office  of  inspectors 38 

duties  of  inspectors  . 38 

owners  of  to  report  to  inspectors  of  arrival  of  sheep  in  the  State  .  39 

duty  of  owner  or  agent  of  diseased  flock 39 

penalty  for  violation  of  this  act  . 39 

oath,  bond  and  fees  of  inspectors ,    .  40 

owners  to  dip  on  own  premises,  proviso 42 

inspector's  fund,  what  shall  constitute,  and  how  expended  ....  42 

at  what  distance  from  city,  town  or  village  sheep  to  be  herded  .    .  43 


S 1 1 K  K 1'    I X  S  I'  KCTO  RS — 

shall  inspect  flocks  of  sheep  within  his  jurisdiction 38-39 

shall  report  result  of  inspection  to  county  clerk 38 

oath  of  office  of,  fees  of 40 

for  what  causes  they  may  be  removed 41 

penalty  for  falsely  reporting  sheep  to  be  diseased 41 

fund  of 42 

STALLIONS — 

owner  of  to  have  lien  upon  get  for  services  of 37 

STOCK — 

regulating  the  branding,  herding  and  care  ot 38 

TAXES — 

to  be  levi-d  and  assessed  upon  what  property,  and  amount  ....    31-32 

county  treasurers  to  keep  funds  collected  from  as  separate  fund  .    .  32 

TEXAS  CATTLE — 

limitation  of  time  for  driving  of 37 

penalty  for  violation  of 37 

TREASURERS— 

county  to  keep  funds  collected  from  taxes  as  separate  fund  ....  32 

shall  pay  expenses  of  roand-ups  out  of  inspection  fund 27 

district  duties  of I2 

TREES— 

damage  to  by  animals,  when  and  how  recovered 3^ 


